Leo Frank TV

The Murder of Little Mary Phagan (2025 Edition) by Mary Phagan Kean

Important Book Launch: The Murder of Little Mary Phagan (2025 Edition) by Mary Phagan Kean Help preserve this important history...
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Wednesday, 30th December 1914: Long Legal Battle In Leo Frank Case, The Atlanta Constitution

The Atlanta Constitution,Wednesday, 30th December 1914,PAGE 3, COLUMN 4.Both Sides Prepare for Hard Fight Before the Supreme Court. MAY USE...
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Tuesday, 29th December 1914: Leo M. Frank’s New Fight For Life, The Atlanta Constitution

The Atlanta Constitution,Tuesday, 29th December 1914,PAGE 1, COLUMN 1.May Last in Courts for Six Months Before a Final Decision Is...
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Monday, 28th December 1914: Leo Frank Decision Is Expected Today, The Atlanta Constitution

The Atlanta Constitution,Monday, 28th December 1914,PAGE 5, COLUMN 1.Followers of the many phases of the Leo Frank Case are keenly...
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Sunday, 27th December 1914: Bond Witness Charges Attempt To Frame-up, The Atlanta Constitution

The Atlanta Constitution,Sunday, 27th December 1914,PAGE 2, COLUMN 4.Isom Says Effort Has Been Made to Get Him to "Double-Cross" Solicitor....
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Friday, 25th December 1914: Lamar Postpones Action On Appeal, The Atlanta Constitution

The Atlanta Constitution,Friday, 25th December 1914,PAGE 9, COLUMN 3.Advices yesterday from Washington say that Justice Lamar, of the United States...
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Wednesday, 23rd December 1914: Marshall Will Make Supreme Court Plea, The Atlanta Constitution

The Atlanta Constitution,Wednesday, 23rd December 1914,PAGE 9, COLUMN 3.Frank's Atlanta Lawyers Will Prepare for Plea to the Prison Board.WILL PLEAD...
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Tuesday, 22nd December 1914: Alexander Scores Charge Of Dorsey, The Atlanta Constitution

The Atlanta Constitution,Tuesday, 22nd December 1914,PAGE 1, COLUMN 2.Frank Attorney Leaves for Washington to Make Effort There to Secure Supreme...
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Monday, 21st December 1914: Newman Decides Frank Case Today, The Atlanta Constitution

The Atlanta Constitution,Monday, 21st December 1914,PAGE 1, COLUMN 4.Prisoner's Hope of Getting Hearing Before U. S. Supreme Court Depends Upon...
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Sunday, 20th December 1914: Appeal Of Frank To Supreme Court Not Yet Allowed, The Atlanta Constitution

The Atlanta Constitution,Sunday, 20th December 1914,PAGE 1, COLUMN 5.Delay Until Monday Results When Federal Law Passed in 1908, Governing Procedure...
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Saturday, 19th December 1914: Newman To Hear Frank Case Today, The Atlanta Constitution

The Atlanta Constitution,Saturday, 19th December 1914,PAGE 14, COLUMN 2.Case Will Still Be in Courts When Execution Date Arrives, Thus Causing...
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105 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELLWe have all read lately of Huntington in New York, a wealthy nabob who had been practicing forgery for years. He set up insanity as his defense. Who is to judge this but the jury? Judge Coalter only stated to you what is true: that you are the judges of whether the defendant is insane or not. The defendant is charged with the murder of Basil H. Gordon. To this charge, a double defense is presented:1. The killing of Gordon by the defendant is denied.2. He is an irresponsible being and therefore

103 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL71I came back that night. I had no long or continuous conversation with Worrell while he was there. I don’t profess to be a good judge of insanity, but I know it when I see it plainly. I saw no effort on his part to conceal himself. It was very cold, and the persons in the house remained pretty much around the fire. Worrell did not stay in his room at any time except while sleeping. There was no fire in his room.S. H. GouldIn January 1856, I kept a tavern with

104 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:American State TrialsMr. Gale, for the StateMr. Gale: Gentlemen of the jury, it becomes necessary for me, as the circuit attorney of this district, to address you in this important case. After the length of time you have been compelled to listen to the protracted details presented here, the calmness of your countenances shows me that you are prepared to do justice to the State on one side, and to the prisoner at the bar on the other. I implore you, gentlemen, to set aside all external influences and approach this as a new

102 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:70AMERICAN STATE TRIALS.I met with Worrell again in St. Louis and had a conversation with him. He recognized me and recalled the horse trade. I asked him if he did not think he should pay me my money back. He replied that he did not have my money, but he would make it right with me. I told him that by describing the horse, the man had proven to my satisfaction that he owned the horse. Worrell assured me that I would not lose anything by it; he would make arrangements for me to

101 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL69A person afflicted in such a manner should not be continued in such an office. If the recruiting officer did his duty, a person so afflicted could not be enlisted.**Charles T. Clark.** I reside at Fort Leavenworth and am a quartermaster sergeant in the U.S. Army. I know the prisoner and knew him at Fort Leavenworth. He deserted on the evening of January 7, 1856. A sergeant named Bruff from Company I also deserted at the same time. Two horses were taken at the same time. I know the horse Worrell was

100 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:68AMERICAN STATE TRIALS.Cross-examined: I have never seen epilepsy combined with the form of insanity known as irresistible impulse. There is a form of insanity known as homicidal mania, when a person, knowing right from wrong, has no power over the will. I have never known an epileptic to commit suicide. Epilepsy would not be more likely to produce a disturbance of intellect in later life if it began in early youth, unless the attacks were very frequent. It has, however, been known to be fatal in a few attacks. According to authorities on homicidal

098 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:X. AMERICAN STATE TRIALSThe mental symptoms were not changed materially after the paroxysm was over, in the cases which I have seen. Epilepsy is caused sometimes by mechanical violence, such as a stroke or blow on the head, and sometimes by grief, joy, fear, fright, or other emotions. All the passions, or most of them, may produce it. Some say that the brain of the subject will, on dissection, show traces of the disease, while many deny it. The disease is characterized by a disturbance of the mental faculties, which some say affects chiefly

099 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL87It is easy. If I understand the duties of a first sergeant, he could not be an imbecile, as I have defined it, without it having been found out.Mr. Wright: Suppose it was uncertain whether the man who appropriated the property had anything to do with the deed, that he fled and acted as no sane man would act, would render himself conspicuous everywhere, proclaimed his name, wore the apparel which would identify him when he had the means of changing, would not flee when pursued, volunteered to tell the property to

097 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL, 65I would pat my hands over his eyelids, and it seemed to compose him. He would continually talk, call over the roll of soldiers, and almost invariably call constantly on Lieut. Clark and ask if his horse was ready for him to go to Leavenworth City. Sometimes he was apparently cheerful. The alternations from cheerfulness to depression were not founded on any causes I could account for; they were generally sudden. From the latter part of September 1856, until we came up here, I have not witnessed less than 100 paroxysms.

096 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:X. AMERICAN STATE TRIALS.He woke up. As far as I saw, his condition was the same after the paroxysm at Portsmouth as at Baltimore. I saw him again in the same condition at Claysville, Ky. The day of that fit, he was more excitable than I had ever known him. The fit was at night. There was no object more than usual to excite him. Generally, a word from me, or my hand on his shoulder, will control him. That day, I went to him several times and asked him what was the matter.

093 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL, 61I don’t recollect all the persons who were present at the time of his illness in the orderly room. A short time after the doctor gave him medicine, he became calm. I don’t know what he gave him, nor do I know what caused it. I can’t swear it was not produced by liquor. I am not a physician and can’t swear anything about it. At the time of the controversy between the soldiers and citizens, Worrell said something, but I don’t recollect what. He was a very resolute man. I

094 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:X. AMERICAN STATE TRIALS.Edward's normal condition was at Portsmouth, Ohio, at Eldon & Barra's store in the beginning of 1850. I don’t know if he had any fits at Cumberland. While there, he dashed out with only one or three dollars in his pocket to walk to California, determined never to stop until he got there. He broke away from us, and we knew nothing until a friend told us the next day. When he got to Pittsburgh, he wrote for money; received it; came back to Cumberland; then went to Portsmouth. One evening,

095 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL, 63The symptoms were violent and more frequent in the forenoon. Sometimes they would begin with drowsiness. He became restless if things did not go right. He would then have a peculiar look in his eye, and then he would faint away. His pulse would flutter and then intermit. I sometimes thought he was going to die. All of a sudden, he would have a most violent spasm, and I thought he would break every bone in his body. His eyes afterwards would become fixed and glazed like the eyes of a

091 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELLWe arrived in Baltimore on Sunday evening. Worrell stopped at Mrs. Elzie’s on Second Street, between Gay and South streets, a private boarding house. He told me he had formerly boarded there. The next morning, I met him on Baltimore Street with a friend. I introduced the prisoner as Mr. Worrell and told him we were going to have a glass of ale, inviting him to join us, which he declined. The only liquor I saw him drink during the entire trip was a glass of ale in Pittsburgh. I next saw

092 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:X. AMERICAN STATE TRIALS60I am from Leavenworth and belong to the U.S. Army as a private. I knew Worrell from the time I met him at Columbus until he left Fort Leavenworth. He never drank to the point of intoxication. I don’t remember him being more quarrelsome than his duty required him to be. He was promoted as soon as he got to Fort Leavenworth. I went with him from Columbus to Fort Leavenworth in the summer of 1855. Since I first knew him until he left the army, I have known sudden changes

088 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:X. AMERICAN STATE TRIALS.There was no picture there. He was working his fingers without any apparent object, and soon commenced pulling the hair out of his head. His eyes were wandering, and he seemed to me evidently to be out of his right mind. He had only been sick for two or three days. On the only two occasions on which I saw him in this condition, I was a member of the same company. He often showed me his private correspondence; frequently showed me letters from his relatives and from a young lady,

090 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:58X. AMERICAN STATE TRIALS.George Urghart: I had some personal acquaintance in 1855 with Worrell; I boarded in the same house with him and his father and mother. He occupied part of my dental office and was constantly there during office hours, and paid every attention to his business. His manners and conduct in his profession exhibited skill. I had full confidence in Worrell, who often acted as my agent in collecting money. Worrell was frank and polite. He was an attendant on religious services, and I have no knowledge of his ever resorting to

089 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL57I knew several individuals attached to his family who were crazy. I have known his father to be a very eccentric man. It has been commonly understood in the neighborhood that Mr. Worrell attempted to commit suicide. He was at times so changeable that he shifted his focus from the study of divinity under Bishop Kent of Indiana to medicine, and from one profession to another without any apparent reason. I have heard from common reports that his grandmother was eccentric on the subject of nicety. I have known several relatives of

086 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:54X, AMERICAN STATE TRIALS.The only fact in the case that bears any force against the defense of insanity is the appropriation of Gordon's property. I will not omit the topic of motive when I come to the argument of the case.THE WITNESSES FOR THE DEFENSE.**Hartford T. Clark:** I have known the defendant since September 1852, when he enlisted in the United States Army. I first saw him at Carlisle Barracks, Pennsylvania. He was then a member of B Company, First Dragoons. He left the army in New Mexico, discharged by order from the Secretary

087 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:Edward D. WorrellI first met Edward D. Worrell in Boone County, Missouri, in the spring of 1855. He told me he was a private in Company B, Dragoons of the U.S. Army. He desired me to make an application to the Secretary of War for his discharge from the army. He appeared to be in trouble and expressed himself in very singular language, so much so that I thought he was laboring under strong mental derangement. I have seen him several times since. When not depressed in mind, he was a very sociable and

084 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:52 X. AMERICAN STATE TRIALS.A few diligently conceal it, or if they avoid it, declare their murderous designs and form diverse schemes for putting them in execution, testifying no sentiment of remorse.The most of them, having gratified their propensity to kill, voluntarily confess the act and quietly give themselves up to the proper authorities. A very few only, and these to an intelligent observer, show the strongest indications of insanity, fly, and persist in denying the act.While the criminal act itself is in some instances the only indication of insanity, the individual appearing rational

083 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL, 51After the close of the evidence, I will refer you to many authors. At present, I read to you from Ray's Medical Jurisprudence of Insanity, section 381:"To determine exactly the mental condition of an epileptic at the moment of committing a criminal act is often a difficult task. It may have taken place in the absence of any observer, in a fit of fury that rapidly passed away, and which perhaps may not have followed any previous paroxysm; or the accused, though subject to the disease, may not have recently suffered

085 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL. 53The kind and gentle do not in a day grow hungry for blood. Such violent and sudden antagonisms are the surest evidence of mental disease. The law of evidence permitting proof of good character in criminal cases is founded upon this philosophy of man's nature, and it is a true philosophy. It is introduced as proof that the crime was not committed, not to excuse it. If piety, honesty, and gentleness may perish or turn to their opposites in a moment, if they cannot furnish any resistance to the influence of

081 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL, 49You have been led to believe that no difficulty can attend the investigation of either subject, that your pathway in both will be as "easy as the road to a mill," and that you may therefore dismiss from your minds all anxiety, all perturbation, all solicitude, touching the rightful exercise of the power of life or death, now committed to your hands. I must say, as respectfully as I know how to utter the words, this is "bad advice." To yield to it is at once a crime in morals and

082 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:50 X. AMERICAN STATE TRIALS.This aspect of it necessarily creates the difficulty of the investigation. How shall we distinguish between crime and insane impulse? May we not mistake one for the other? Is there not danger that a mistake may be of grave consequence, on the one hand to give impunity to guilt, on the other to put to death the innocent? Yes! There is difficulty, there is danger, a mistake is easy; we may confound two things as opposite as heaven and hell. Acting upon the error, you may bring a result which

078 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:46 X. AMERICAN STATE TRIALS.Anyone who has made advancements in the field of science cannot help but be impressed by the great truth that "man is wonderfully and fearfully made."Insanity can be detected by a mere look! However, there is feigned insanity, which can be so convincing that it often baffles even the most enlightened investigators. There is also concealed insanity, which can be so crafty and subtle that it deceives even the most experienced keepers and physicians of lunatic asylums when deciding on a patient's discharge. In other words, the insane patient is

080 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:48 X. AMERICAN STATE TRIALS,Gentlemen, the legal test of insanity laid down by the prosecution is not law. Our own Supreme Court has repudiated it in the case of Baldwin. Knowledge of right and wrong is possessed by both the sane and the insane. I grant that for several hundred years, it was the only test for the common law. The obstinate ignorance of the English Bench yielded to the genius of Erskine, what it denied to the experience of lunatic hospitals, and granted in Hadfield's case the existence of insane delusion, under cautious

079 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL. © 47The joint report of all the physicians concluded that the prisoner was certainly insane at the time of the killing.The case provided an excellent opportunity for the "looking" test of insanity. The counsel looked, but could not see it; the jury looked each day upon the prisoner, but could not see it; the judge looked, but could not see it. If sight alone had governed, the prisoner would have been hanged. And now, jurors, what did save that man's life? There was a judge presiding in the case and watching

075 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL, 43In the middle of the nineteenth century, a rampant guilt devised fraud of the gallows and the penitentiary!A man may smile at this folly as the senseless cry greets him on the street, or he reads it in the expression of thoughtless type, hastily put up to sustain a nine days' wonder. However, he may not smile if he sees this stupidity come into court decently dressed, and taking its seat on the bench, at the bar, or in the jury box.Silly individuals sometimes lift the same hue and cry against

076 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:44 X. AMERICAN STATE TRIALS.You are to judge by intuition, not by reason. You are to cut yourself off from the influence of all knowledge gained by others after long study and painful examination of the human mind in ruins, and trust to instinct. Your own unenlightened reason is not even to guide you. It is a question only of eyesight! As the afflicted were "to look on the golden image and live," so you are "to look and determine." This is simple and summary, and, one would suppose, final, too; for if error

077 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL, 45If there is one subject within the circle of disease that more than another tasks and taxes the human mind, it is the subject of insanity. This is the opinion of every author who has written upon it, of every medical jurisprudent, of every keeper of lunatic asylums, and of every man who professes to have learned by study anything of the manifestations or phenomena of mental disorder, without exception. Yet my friend exclaims, "Does not every person know an insane man when he sees him?"I wish it were so! I

073 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL. 41Appeal to hurtful prejudices. His work was but half done; it remains for him to shape the defense, and crush it in advance."I know," he exclaims, "there is not human power enough to deny the guilt of Worrell—it will not be denied; but the plea of insanity will be set up. Everything nowadays is insanity. Drunkenness is insanity; eccentricity is insanity; forgery is insanity. Huntingdon was insane. Insanity is the broad, common cloak spread to cover crime."Jurors, I am sorry to see a man of talents and high moral position, like

074 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:42 & AMERICAN STATE TRIALS.Was it that, inoculated with the virus of prejudice against the plea, you should look hatefully upon the proof of it? Or were you to be so blinded by this cataract of denunciation as not to see the defense at all?If juries have let some men escape under the plea of insanity, are you therefore to hang a madman as compensation to baffled justice? Are you to forget your oaths and stifle your consciences because other juries have been careless of legal obligation? "Attend to your own business" is a

072 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:40 X, AMERICAN STATE TRIALS.The speaker is reminiscent of Antony's oration over the dead body of Caesar, and he is fresh from the interview of Hamlet with the "buried majesty of Denmark." If his policy were like that of the artful Triumvir, who sought to inflame the rabble of Rome to avenge the death of his friend, or like that of the murdered father, who stirred a living son to vengeance, his words would be well matched to his purpose. But he is neither in Rome, moving a fickle populace to counter-revolution, nor in

071 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL, 89The vindication and the eulogy are both wrong—both hurtful—both illegal—both disturbing elements which the law carefully shuts out from the consideration of court and jury. I have no word to utter against the deceased—none. The law puts his character out of the reach of an assailant here—out of the reach of eulogy also. His character is not in issue in this cause. If that character was good, the law will not permit you to hear it, lest the memory of his virtues might awaken undue indignation; if bad, the proof of

070 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:38 X. AMERICAN STATE TRIALS.Indignation so deep and so universal was felt, and Providence supplied what indignation could not furnish.Thus, in limine, my friend would have your feelings prejudge the case. He would have you enlightened by the judgment—the foregone conclusion—of a "whole people," and awe you against any resistance to their decree. Into this sacred temple, whither Justice has retired, calmly, severely, and carefully to weigh, to deliberate, and to mature her even judgment, my friend madly rushes and flings the passions of a multitude into the scales.His classic memory alone ought to

069 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL, 37The power to take life is the most awful power a government possesses, and because of its gravity, its exercise demands the utmost caution. A government may take life, but it should be fatal to the peace of any tribunal of government to do so by crossing the line that marks the distribution of power. If the boundary is doubtful—if we are not certain of the legal territory on which we stand—humanity, the spirit of the law, and justice itself demand that the path of safety is to err humanely. We

068 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:36 X. AMERICAN STATE TRIALS.In the presentation of facts, the circuit attorney frankly admitted to the court and jury that the offense would only be murder in the second degree. He relied upon the subsequent flight of Jackson (who did flee and was arrested some months later in Iowa), and a former grudge, as evidence to elevate the case to the grade of murder in the first degree. He put the case to the jury on the ground, frankly and properly conceded, that a killing, under unknown circumstances, was only murder in the second

067 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL, 35The responsibility lies upon others. It is a concept defined in the following words: "Express malice is when one, with a sedate, deliberate mind and formed design, kills another; this formed design is evidenced by external circumstances discovering that inward intention, such as lying in wait, antecedent menaces, former grudges, and concerted schemes to do him harm."Thus, jurors, you see what it is you have to find, and also what is the evidence of its existence. You have to find a fact—the condition or state of the mind at and before

066 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:384 X. AMERICAN STATE TRIALS.We can't send him to the gallows upon it. It is a libel on our nature to presume without knowledge that every killing is with malice. Although man is capable of cold-blooded assassination, he naturally recoils from the deed; and for one murder done in cold blood, there are a hundred killings that result from misfortune, or great provocation, giving rise to sudden passion, or the instinct of self-preservation. If any presumption must be made by the law, the presumption should be more in harmony with reason and experience. But

065 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL. 33The concept of "malice implied" in law is a legal fiction—a presumption made in the absence of knowledge. It is a leap in the dark, a guilty guess as to how and why a killing took place, without knowing either the how or the why. It is an arbitrary fiat substituted for proof, demanding proof to overthrow it. It is a conclusion forced on the conscience of a juror, which he must take for truth and act on as truth until the accused, by evidence, shall establish it to be a

064 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:382 X. AMERICAN STATE TRIALS,A firm of pork packers at Washington, where one member of the firm makes a contract with you, binds every member of the firm because each member has made every other member an agent to act for him. Thus, the act of any one member becomes the act of all, and all are therefore responsible. That is partnership. And so there may be partnership in crime. If two men agree to commit murder, one to do the deed, and the other to stand by and help if need be, or

063 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WOREKELL, 31There is no proof establishing that he knew of the design prior to the act and participated in it. If he is a responsible being, the evidence establishes the offense of larceny. The appropriation of the horse was subsequent to the death. If he counseled Bruff to flee after the deed, or aided him in his escape feloniously, he might be held responsible as an accessory after the fact—but he is not charged with that offense. To make him responsible for the murder, one of two things must be made manifest

062 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:30 X. AMERICAN STATE TRIALS.In the hierarchy of offenses, and among murders recognized by common law, as well as by the codes of Pennsylvania, Tennessee, and New Jersey, some are classified as manslaughter, while others are deemed excusable or justifiable homicide. The remainder constitutes murder in the second degree.You will notice from the reading that one class of murders is designated as murders in the first degree because they are committed in the attempt to perpetrate a felony. However, the defendant is not charged with such a murder; and not being charged, he cannot

061 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL. 29What may be considered murder in the second degree in other states may only be manslaughter, or justifiable or excusable homicide here. Amidst this confusion, one thing is certain: murder in the first degree—capital murder—cannot be made out of implied malice. Nothing but express malice, proven as a fact and found by the jury, can constitute capital murder in this state. I do not include in this proposition a class of murder in the first degree that is elevated to that degree by reason of being committed in the attempt to

060 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:28 X. AMERICAN STATE TRIALS.In my defense, I submit that the proof has not established the proposition.The indictment contains two counts. On its face, a want of knowledge of who killed Gordon is manifest. Without knowledge, it is framed to meet contingencies. In the first count, it is charged that Worrell killed him—killed him with a pistol—and that Bruff was by, aiding and abetting only. No sooner has the pleader drawn the charge than he reverses the accusation, and declares in a second count that it was not Worrell who killed Gordon—that he was

059 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELLThe purpose of this text is to address the case made by the prosecution and to outline the grounds of the defense.The defense will be presented under two general headings:I. I shall first consider, on the supposition that Worrell is to be treated as a responsible being—a rational creature, having control over his actions—a man, amenable to his Maker and to government, whether the State has proven the charges against him as they are set forth in the indictment. In Missouri, we have two kinds of murder—one takes life, the other only

057 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL, 25We traced this description until we got to Pittsburgh, where we learned he had shaved. After this, the description was the same except for his beard.Captain J. E. D. CousinsI reside in St. Louis and am presently employed by insurance companies as an inspector of buildings. I have been in the police force for many years, serving as captain and in other offices. I saw the prisoner for the first time at Dover, Delaware, in a tavern there. Mr. Worrell came with me and one or two others to the railroad

058 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:X. AMERICAN STATE TRIALS.We did not want them to see it. He then said he was very glad. He afterwards told me he had been expecting it. He seemed to go willingly. He could not do otherwise very well—a man had hold of each arm. He made no refusal to come willingly, except as I said before, he refused to have the handcuffs put on in the room. When we got down to the hand car, I did put the handcuffs on him. I told him I never traveled in custody of a prisoner

056 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:24 X, AMERICAN STATE TRIALS.On about the 26th of February last, around 11 o'clock, Couzins arrived about 8 o'clock in the evening. I had no warrant for his arrest and was not present when he was arrested. We first found his name at Crestline, on the Cleveland & Columbus Railroad, on a register. I was in Vincennes two or three times. In pursuit, I stopped at Gould's, and Couzins was along. We found a name on a register at Gould's, which Mr. Gould told us was registered by him. I don’t think it was

054 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:X. AMERICAN STATE TRIALSWe purchased the horse, saddle, and bridle from Worrell after he sold him again. All three horses were sold in Vincennes. Worrell then left on the train for Terre Haute and Indianapolis. He sold two of the three horses, while Bruff sold one. I paid $65 for the horse, which was worth not much more at that time as it was quite jaded. If it had been in good order, it would have been worth $125, as horses were sold then. Worrell went by the name of H. C. Worrell and

055 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL23**George A. Signer:** I know the horse and saddle which Mr. Gordon rode away last January. The horse was a chestnut sorrel. The saddle was mine. It was a black English tree saddle. I lent it to Gordon on January 12, 1856. Afterwards, I saw it at Vincennes, in the possession of Mr. Gould, sometime in February 1856.**Erasmus L. Wents:** I know Worrell. I saw him for the first time at Dover, in Delaware, in the street. The next day, I saw him again; he came in company with Capt. Couzins to

052 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:X. AMERICAN STATE TRIALS.I was in the wagon with Mr. Pace when we saw two men. I did not see them again until we reached Hickory Grove, about two miles from Mrs. Stevenson’s. At that point, there were only two men. One of them, whom I had seen before, was leading a horse without a saddle. I saw them again at the creek below Mr. Kenner’s, where their horses were drinking. The two men I saw the day before were accompanied by three horses.During cross-examination, Mr. Pace and I confirmed that we occupied the

053 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELL,21Hartwell Richards testified that he had seen the prisoner near the corner of Broadway and Mullanphy Street in St. Louis. Richards kept a boarding house and recalled that on about January 25th, 1856, Worrell came to his house between 11 and 12 o'clock and stayed until Sunday, approximately one day. Another man named Bruff was with him. Richards identified the prisoner as Worrell and confirmed he had seen Bruff as well. At Richards' house, Bruff went by the name Charles Strong, and Worrell used the name John Ross. Richards asked them their

050 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:X. AMERICAN STATE TRIALSI found him to be tolerably well, though he seemed low-spirited. I thought it best not to prolong the conversation, so I said to him, "Mr. Gordon was a co-laborer of mine on the railroad, and he was a near friend of mine; please state whether he suffered or not after he was shot?" His reply was in these very words: "I can assure you, sir, he did not suffer." I was not present at the finding of the body, but I arrived just afterwards, and before the coroner was called.

051 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORKELLThe back part of the head is more fatal than the front. Suppose this wound did not touch the spine, which would produce death, but judging from the description, it severed a diverging nerve, which would also produce death.WILLIAM H. PACEI have seen the prisoner on the 24th of January last, at James Jones' place, on the Boonslick Road, ten miles west of Warrenton, in Montgomery County. Two other gentlemen were with him; I did not know them. The prisoner was one of them. They came in to pay their bill to

049 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELLI was going east, towards him, and could have seen the body, if he had not been covered, at about 40 yards before you came to him.**Cross-examined:** If there had been no snow, the brush would not have hidden him. There must have been one or one and a half feet of snow that fell between the time he left my house and the time he was found. I never saw Gordon before, as I recollect. When I told Worrell about Dr. Watkins, Gordon, I think, said he had seen him, but

048 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:16XY. AMERICAN STATE TRIALS.I saw Worrell's face, two and a half or three miles off. Since then, I have seen Worrell in St. Louis jail. I recognized him, and he recognized me. This was the first time I saw him after he left my house. When I entered the jail, two friends went in with me. I walked behind them; they went in first. Worrell was then in the large hall, not in the cell. I saw the catch of his eye. Worrell at once stepped around, shook hands with me, and said, "How

046 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:14AMERICAN STATE TRIALS.At Grove Prairie, the nearest house west of it being Mrs. Stevenson’s, the feet of the corpse were lying nearly east, head west, and twirled over very much. I saw the body stripped and examined. There was a large cavity in his head, about as between my fingers. I did not examine the depth of the wound. The ball did not come through and through. The wound was evidently done by a leaden ball. The body was frozen and must have lain there eight or ten days, from appearances. It had not

047 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELLI saw a pony mare, a sorrel. "A man claimed the horse as stolen," (objected to and excluded by the court). I identify Bruff, who is now brought in.**Cross-examined:** I had never seen Worrell before that day. I saw him soon after his arrest in the St. Louis jail in a cell. Two cells were pointed out as containing them, but not discriminated. I have seen him about four times since I first saw him. I went to his cell about three times. I went to see him about the pony. The

045 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WOERRELLCaptain Couzins handed me this watch (here shown). Captain C. is a well-known police officer of St. Louis. I know this watch was Gordon's. Under a piece of black silk, there is secreted an old-fashioned watch paper having on it the name of Gordon's father, his mother's maiden name, and the date 1802. Gordon joined me in 1854, at my invitation, on the Ohio and Mississippi Railroad of which I was chief engineer. Afterwards, I appointed him my principal assistant on the North Missouri Railroad. I had daily and hourly intercourse with

044 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:X. AMERICAN STATE TRIALSWe had our daguerreotypes taken but left before the pictures were finished; and it was arranged that Gordon, on his return, should take one to Wentz's office at St. Charles, and Sheerbarth would take the other.We reached Huntsville, Randolph County, on the evening of Sunday, January 20. The next day, we left Huntsville. Mr. Gordon parted with us to go alone directly to St. Louis, while Mr. Sturgeon, myself, and Mr. Pratt continued on to Jefferson City. Mr. Sturgeon and I arrived in St. Louis on the evening of January 26.

042 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:10 X, AMERICAN STATE TRIALS.It is unnecessary to mention that each party is trying to convict the other. It would make no difference. Both are equally guilty. However, I know from depositions on file in this case that the main effort in the defense of this man will be to show that he is not responsible for his conduct due to insanity. After the evidence is presented to you, it will be a hopeless task to argue that the defendant did not commit the act charged against him. No human eloquence would suffice to

043 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELLEccentricity of conduct in any man's life can never be considered an excuse for willful crime. It never has been.But I deny that the prisoner is crazy. If at previous intervals he may have exhibited such symptoms, it has no application to this case. The hinge on which this question must turn is not as to—Counsel for the prisoner asks Mr. Coalter not to anticipate what defense is to be made, but simply to state the facts the State expects to prove.Mr. Coalter: I thought it fair—and in fact to the advantage

040 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:8 XY. AMERICAN STATE TRIALS.At the time the act took place, and also prior to it, the murderer intended to commit the deed.I desire in this opening to be very brief, and therefore shall not dwell further upon mere definitions of law. This indictment contains two counts. The first charges the prisoner, Worrell, with being the principal who committed the act, and that Bruff was aiding and abetting therein. The second count charges Bruff as principal, and Worrell as accessory. It makes no difference which did it, if both aided and were present. In

041 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELLGentlemen, a bullet passed through the brain of the victim. The nature of that wound was such that he must have been summoned in an instant to eternity, without a moment's preparation. Every man, no matter how exalted, how pure, or how good, must have time, however short, to meet his God. We all must make our peace with Him. Mr. Gordon must have died in half a second. When the body was found, all inquiry as to his fate, of course, ended. Two men had been last seen in his company.

039 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELLThe jury members empaneled against him were: Joseph Woodruff (foreman), Thomas B. Renick, David M. Tyree, Burrell Roland, Reuben Bledsoe, Dorsey Waters, George Woodcock, Moses V. Kean, Jeremiah Pierce, William T. O. Dickinson, and Jeremiah H. Williams.MR. COALTER'S OPENING SPEECHMr. Coalter: Gentlemen of the jury, at the request of Mr. Gale, the prosecuting attorney of this circuit, I rise to address you with a few remarks. I do so at his request because of my earlier knowledge of this case, which involves a transaction in another county and has been brought here

036 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:4 XZ, AMERICAN STATE TRIALS.On May 6, the defendants appealed to the court for a change of venue on the grounds that "the inhabitants of this entire judicial circuit are so prejudiced against these defendants that a fair trial cannot be had in the same." This application was granted, and the indictments were transferred to the Franklin Circuit Court. The prisoners were delivered to the sheriff of Franklin County, and at the September term of the Franklin Circuit Court, the case was continued to a special term of the court to be held in

038 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:6 X. AMERICAN STATE TRIALS.January 20.Mr. Coalter asked for a continuance, which was refused. The following jurors were then selected, after Judge Stone had ruled that the opinion formed from rumor, in order to disqualify a juror, must be of such a fixed character as to enlist the feelings of the juror either for or against the prisoner and create, in the language of the statute, a bias or prejudice.---**Coalter, John D. (1818-1864).** Born in South Carolina, he came with his parents to Missouri when they settled in St. Charles County. He was sent

037 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELLJanuary 19Today, the special term of the court opened for the trial of Edward D. Worrell, following a severance of the prisoners who had been jointly indicted. The prisoner was brought into court, attended by his father and mother. When called upon and the indictment read to him, he pleaded not guilty.D. Q. Gale, Circuit Attorney; John D. Coalter and W. V. N. Bay, for the State.Uriel Wright, for the Prisoner.The indictment alleges that Edward D. Worrell, along with William H. Bruff, feloniously, willfully, deliberately, and premeditatedly, and with malice aforethought, did

035 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:EDWARD D. WORRELLTHE TRIALIn the Circuit Court of Franklin County, Union, Missouri, January 1857.Hon. John H. Stone, Judge.Edward D. Worrell had, at the May Term of 1856 in the Circuit Court of Warren County, been indicted jointly with William H. Bruff for the murder of Basil H. Gordon.**Bibliography:** "The Law of Circumstantial Evidence and of Insanity. A Report in Full of the Trial of Edward D. Worrell, Indicted for the Murder of Basil H. Gordon, Held at the Court House in Union, Franklin County, Missouri, January 19, 1857. Reported by John Delafield, Esq. St.

034 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:2 X, AMERICAN STATE TRIALS.Upon arriving at the location, they discovered blood all over the mow, which continued to a ravine about fifteen feet from the road. There, they found Gordon's body, covered with brush and snow, with a hole through the head as if made by a large pistol ball. His pockets were turned inside out, and his watch and all his money were gone.Worrell had been seen in St. Charles leading a horse that resembled Gordon's. From there, he went to St. Louis, remaining there for three days and going to the

033 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:THE TRIAL OF EDWARD D. WORRELL FOR THE MURDER OF BASIL H. GORDON, UNION, MISSOURI, 1857THE NARRATIVEEdward D. Worrell was the only child of Dr. Edward Worrell of Dover, Delaware, a college president. He was well-educated and, after practicing dentistry for a while, enlisted in the army. In 1855, he was stationed at Fort Leavenworth as a sergeant. He deserted in company with William H. Braff of Macon, Georgia, in the early part of January 1856, and started east on horseback. While traveling through Warren County, Missouri, they fell in with Basil H. Gordon,

032 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:TABLE OF TRIALSPAGEThe Trial of Mrs. Herman H. Hirsch for Blackmail, Atlanta, Georgia, 1918666-688The Trial of Pedro Gibert, Bernardo De Soto, Francisco Ruiz, Nicola Costa, Antonio Ferrer, Manuel Boyga, Domingo De Guzman, Juan Antonio Portana, Manuel Castillo, Angel Garcia, Jose Velazquez, and Juan Montenegro for Piracy, Boston, Massachusetts, 1834699-773The Trial of Thomas Cooper for Seditious Libel, Philadelphia, Pennsylvania, 1800781-782The Trial of James Thomas Callender for Seditious Libel, Richmond, Virginia, 1800813-876Independence877-882---

031 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:TABLE OF TRIALSThe Trial of EDWARD D. WORRELL for the Murder of BASIL H. GORDON, Union, Missouri, 1857Pages 1-162The Trial of JOHN HODGES for Treason, Baltimore, Maryland, 1815Pages 163-181The Trial of LEO M. FRANK for the Murder of MARY PHAGAN, Atlanta, Georgia, 1913Pages 182-414The Trial of WILLIAM WEEMS and Seven other British Soldiers for the Murder of CRISPUS ATTUCKS, SAMUEL GRAY, SAMUEL MAVERICK, JAMES CALDWELL, and PATRICK CARR, Boston, Massachusetts, 1770Pages 415-508The Trial of CAPTAIN THOMAS PRESTON for the Murder of CRISPUS ATTUCKS and others, Boston, Massachusetts, 1770Pages 509-610The Trial of EDWARD MANWARING, JOHN

030 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:PREFACE TO VOLUME TENxxviMost of those who returned his scrutiny were complete strangers to him, for until the present term of the court, he had never set foot in Richmond. Doubtless, many of the spectators were prepared to find him a fiend in human shape. But though his expression was somewhat forbidding, his large, strong, clean-shaven face was not uncomely, and his giant frame suggested strength rather than brutality. Nevertheless, his small, snappy, shifty eyes had a dangerous glint, and there were ominous lines about the corners of his mouth, betraying possibilities of an

029 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:PREFACE TO VOLUME TENxxvThe case continued until nearly ten o'clock, when the attendees slowly moved towards the scene of action, and a few minutes later filled the courtroom to overflowing.At a table beside the judicial desk sat William Marshall, clerk of the court and brother of the future Chief Justice, and near him stood Mr. Nelson, the District Attorney, with David Robertson, the shorthand reporter, whose notes were to prove an invaluable exhibit in the subsequent impeachment of the judge. The attention of the audience, however, was mainly directed to the prisoner, his bondsman,

026 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:Preface to Volume TenThere is a striking picture of the personages—lawyers and judges—who clashed so strongly in the celebrated trial of James Thompson Callender (p. 813).It was a picturesque gathering of Virginians that awaited the opening of the United States Circuit Court on that summer morning. The ugly fashions of the French Revolution had not yet found much favor in the Old Dominion, and kneebreeches, low shoes, buckles, buttons, and queues tied with ribbons were still in vogue. Yet, it was not their dress but their faces and bearing that particularly distinguished these gentlemen

027 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:PREFACE TO VOLUME TENxxiiiDespite the significance of the issues at stake, it was not these momentous matters that primarily attracted the attention of the legal profession. Instead, it was the personality of the judge who was set to preside over the case that drew the majority's interest. His Honor was likely the most violent, the most feared, and the most despised partisan ever to sit on the Federal bench.The following account pertains to Judge Samuel Chase:Samuel Chase's reputation was not solely built on his judicial role. In the turbulent times leading up to the

028 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:xxiv PREFACE TO VOLUME TENWith considerable education and experience, and ability as a lawyer, he had the majority of the attorneys who practiced before him at a distinct disadvantage. Those whom he could not unhorse with legal learning, he cowed and silenced with jocular or brutal tyranny, as best suited his humor. Perhaps his gravest offense was political activity, with which he never allowed his judicial duties to interfere. He had not been long upon the circuit before angry outcries were raised against his aggressive Federal partisanship. Opposition of this character, however, merely excited

024 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:PREFACE TO VOLUME TENTo be sublimely ignorant of what the great dramatist has written about the comparative value of one's purse and good name is to treat a blackmailer as a person to be dealt with most tenderly—witness the mild sentences given to Cook and Mrs. Hirsch. Our national legislature has made it even easier for this class of blackmailers by enacting a law, which, as construed by our highest Court, allows a notorious prostitute who induces a boy of 17 to pay her fare on a steamboat, railroad, or streetcar to pose in

025 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:PREFACE TO VOLUME TEN XXLJust as the principles of private law are to be found in the customs of their people, in the writings of their jurists, and in the decisions of their courts, so the unwritten international law is to be found in the customs of nations, in the works of international writers from Grotius down, and in the decisions of civil, criminal, and prize courts. And just as these principles have in the case of private law been written in statutes, so in the case of international law have they been embodied

023 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:PREFACE TO VOLUME TENxixThe learned gentleman who had previously argued that a whale could under no circumstances be classified as a fish was equally unsuccessful in his view that a negro might be the father of a white child.In sentencing Robert McConaghy to death (p. 601), the judge remarked that for barbarity, treachery, and depravity, McConaghy's cruelty and wickedness were unmatched by the pirates of the West Indies or the savages of the wilderness. On a summer day on a small farm in Pennsylvania, McConaghy murdered the entire Brown family, except for the husband

022 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:PREFACE TO VOLUME TENThere is no reason to doubt the general accuracy of the report, although some of the statements in it should be received with much allowance. The trial, as reported, gives evidence of great learning, research, and skill on the part of the prisoner's counsel, but some of the discussions which relate to mere questions of abstract law are here omitted.Judge Gerard, American Ambassador at Berlin from 1913 to 1917, is quoted as saying that it will be hard to find a punishment to fit the case of the Kaiser and his

021 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:PREFACE TO VOLUME TENxviiThe Leisler rebellion in New York (Jacob Leisler, p. 512) was the outgrowth of the anti-Catholic wave that swept over England and her colonies during the reign of James II. Leisler’s imagination greatly magnified the danger of a general religious war. He was no traitor to William of Orange; his effort was to hold the government for the Protestant cause. However, he possessed none of the qualities of a leader—a simple New York merchant, his education did not fit him for the trying emergencies in which he was placed. He was

020 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:xvi PREFACE TO VOLUME TENIn the foremost rank of the patriots of that day, some of their number covered their names with imperishable fame.That curious ancient privilege, viz.: benefit of clergy, of which the two soldiers (Kilroy and Montgomery) convicted of manslaughter had the advantage (p. 508), originated in a pious regard for the church. By this, the clergy of Catholic countries were either partially or wholly exempted from the jurisdiction of the ordinary legal tribunals. It extended in England only to the case of felony; and though it was intended to apply simply

019 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:PREFACE TO VOLUME TENxvThe soldiers were regarded with such abhorrence that they were only saved from summary punishment by the judicious efforts of the friends of law and order. The soldiers had a fair trial, the result of which has stood the test of time and the examination of impartial history.The result of the trial gained for the friends of freedom the respect of the world. No single occurrence did more to advance the cause of truth and just principles than what was denominated in the language of that day the Boston Massacre. It

016 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:xii PREFACE TO VOLUME TENThe governor, however, did not set Frank free. He sentenced him to imprisonment for life. But if Frank murdered Mary Phagan, was there one extenuating reason why he should escape the gallows? The evidence shows none; his friends, his counsel, and he himself never suggested one. If, as may be the case, the Governor's intention was to keep him in prison until the public excitement had gone down and he could be safely released, then the state of Georgia was pledged to protect him against the mob. And when it

018 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:xiv PREFACE TO VOLUME TENIn the town, doubly anxious for the cause of humanity, the citizens felt an earnest desire that justice should not fall victim in her own temple. Among these, John Adams and Josiah Quincy, Jr., deserve the most honorable mention. They sympathized deeply with the masses of their fellow citizens in their hatred of the instruments of their oppressors and in their detestation of the principles these oppressors had been sent to maintain. No men had more openly or pathetically appealed to their fellow citizens or had more studiously excited their

017 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:### PREFACE TO VOLUME TENxiiiAs might be expected, this tragedy stirred the whole people of Massachusetts, and above all, the inhabitants of Boston, to the highest pitch of rage and indignation. The populace breathed only vengeance. Even minds better instructed and of higher principles than the multitude, in the excitement of the moment, could not endure the doctrine that it was possible for an armed soldiery to fire upon and kill unarmed citizens and commit a crime less than murder. Political animosity and natural antipathy to troops stationed in the metropolis sharpened this vindictive

015 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:PREFACE TO VOLUME TENxiWhen will our appellate judges recognize that their duty is to do justice, not simply to see that the judicial machine is run according to rules? When will our tribunals arrive at that very different point of view of the English and Continental Courts? Not so long as in American courts, Procedure is King; for while the claims of this tyrant are respected, it matters not what may become of Justice.Frank now made his last appeal to the Governor of the state, in whom is vested the ancient prerogative of the

014 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:PREFACE TO VOLUME TENJust think of this, O! shades of Bentham and Brougham, who more than half a century ago helped to wipe out these absurdities from the old English Procedure. This procedure, the work of churchmen in the middle ages, had lived into the nineteenth century. Is there any other part of the civilized or uncivilized world where such things as Courts of Justice are known, that such a condition of things exists, outside of some of the American states? A man's life or liberty, the question of his guilt or innocence, depend

013 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:PREFACE TO VOLUME TENixThe question arose as to whether the judicial machinery had been run properly, whether any inadmissible evidence had been admitted, and whether the jury had heard the cheers given to the prosecuting attorney by the crowd in the streets, among other concerns. Finally, when the prisoner's lawyers were able to bring the case before the most august tribunal in the world—the Supreme Court of the United States—that great Court entirely forgot the vital question of the prisoner's guilt. Instead, the energy of its nine justices was expended on the question of

011 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:### PREFACE TO VOLUME TENviiOutside meddling only served to increase their determination that Frank should suffer death.Here, justice received its first wound. Every civilized nation has determined that the guilt or innocence of one accused of a crime, and the punishment to be meted out to the criminal, shall be decided by regular Courts of Justice. These courts are presided over by trained jurists, assisted in most cases by twelve laymen—called a jury. This system is the best that civilization has been able to evolve so far. These tribunals may sometimes err, whereby innocent

012 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:viii PREFACE TO VOLUME TENCrime had been committed, and the public was anxious to punish the criminal. Twelve men were chosen to try the issue of Frank's guilt. They were ordinary men—shopkeepers and clerks—without any special education to fit them to follow logically the arguments for and against, and with no training at all in weighing evidence. After listening to the witnesses and the speeches of counsel for many days, and aware every moment, from the conduct of the audience in the courtroom, that local opinion was practically unanimous against Frank, the jury found

009 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:### PREFACE TO VOLUME TENThe trial of Edward D. Worrell, detailed on page 1, is notable for its striking and interesting features. However, it is the compelling speeches to the jury by Wright and Bay that justify dedicating over 150 pages of this volume to the case. This raises the question: why are speeches to the jury in significant criminal trials no longer given space in the columns of our daily newspapers or preserved for the public in some permanent form immediately after delivery?In the past, when luminaries such as Rufus Choate or Daniel

010 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:PREFACE TO VOLUME TENHas the art of public speaking in the courtroom, which so captivated the public a generation ago, been lost? It might be worthwhile for a student in our newly-founded schools of journalism to investigate this question and provide an explanation for why courtroom oratory is now largely overlooked by the press in the United States.When John Hodges (p. 163) was indicted for treason in 1815, he discovered that the presiding judge, Mr. Justice Duvall of the Supreme Court of the United States, considered the phrase "giving aid and comfort to the

005 Page – American State Trials 1918 Volume X Leo Frank Document

Here is the translated text as follows:AMERICAN STATE TRIALSA Collection of the Important and Interesting Criminal Trials which have taken place in the United States, from the beginning of our Government to the Present Day.WITH NOTES AND ANNOTATIONSJOHN D. LAWSON, LL.D.*Editor*VOLUME XST. LOUIS*F. H. THOMAS LAW BOOK CO.**1918*---

1031 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Has Audio

Visible Translated Text Is As Follows: Witnesses—ContinuedVanderhoef, Prof. J. E., Page D 168, Page C 168, Page RD EO.Wardlaw, Mrs. J. J., Page 174.Weinkauf, Godfrey, Pages 133, 133.Westmoreland, Dr. Willis F., Pages 159, 160, 161.White, Miss Bessie, Page 220.Wildauner, Dr. B., Page 220.Willett, T. H., Pages 151, 151, 151.Wilson, Mrs. S. A., Page 220.Wolfsheimer, Mrs. Hennie, Pages 115, 115.Wood, H. M., Page 152.Word, Miss Lizzie, Page 220.Wright, Miss Mande, Page 220.Wright, Richard A., Page 168.Ziganki, F., Page 220.TESTIMONY FOR DEFENDANT IN SUR- REBUTTAL.Asher, S. L., Pages 242, 242.Brent, T. Y., Pages 241, 241.Frank, Leo M., Statement, Page 242.Haas, Miss C.

1030 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Has Audio

Visible Translated Text Is As Follows: Witnesses—ContinuedOlmstead, Dr. J. C., Pages 161, 162.Osborne, Miss Annie, Page 220.Owens, Dr. Wm., Pages 143, 145, 147.Pappenheimer, Oscar, Page 125.Parmalee, Mrs. J. O., Page 170.Patrick, J. H., Page 135.Patterson, B. L., Page 135.Payne, Frank, Pages 131, 132.Pirk, Miss Mary, Page 119.Pirk, Miss Mary, Page 221.Pollard, C. B., Pages 99, 99, 100.Pride, Arthur (c), Pages 134, 134, 134.Quinn, Lemmie, Pages 106, 107, 108.Rice, M. S., Page 220.Rosenberg, Mrs. Mollie, Page 220.Schiff, P. G., Page 220.Schiff, Herbert G., Pages 265, 92, 97, 98, 98.Schiff, Herbert G., (Recalled for Cross-Exam.), Page 100.Selig, Emil, Pages 110, 111, 113.Selig,

1029 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: Witnesses—ContinuedKlein, Milton, Page 137.Klein, Milton (Rec.), Page 220.Klein, Miss Ray, Page 220.Kriegehaber, V H, Pages 169.Lane, Alfred Loring, Page 167.Lasher, Herbert, Pages 163, 168.Leach, J. R., Page 153.Lee, Charlie, Page 133.Lee, Charlie (Rec.), Page 222.Levy, Mrs. A. P., Pages 114.Lewis, Harry, Page 168.Loeb, Cohen, Page 116.Loeb, Miss Helen, Page 220.Loeb, Julian, Page 116.Loeb, Marcus, Page 220.MacIntyre, D. I., Page 220.McCarley, P. D., Page 220.McCord, Miss Marjorie, Page 220.McCray, Truman (c), Page 130.McKnight, Minola (c), Page 109.McMurtry, Miss Lena, Page 220.McWorth, W. D., Page 141.Mann, Alonzo, Pages 122, 123.Marcus, Mrs. A. E., Page 127.Marcus, Mrs.

1028 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: Witnesses—ContinuedFrank, Mrs. Rae, Pages 124 125 126.Freeman, Mrs. Emma Clarke, Page 104.Freeman, Mrs. Emma Clarke (Rec.), Page 171.Fuss, Miss Julia, Pages 173 181.Fuss, Miss Julia (Rec.), Page 220.Gershon, Joseph, Page 220.Glogowski, Mrs. H., Page 170.Goldstein, M. F., Page 169.Goldstein, M. J., Pages 127 128.Goodman, Miss Lillie M., Page 220.Gotheimer, Harry, Pages 124 124.Greenfield, A. D., Pages 142 143.Guthman, Al, Page 220.Haas, Mrs. C. L., Page 242.Haas, Isaac, Page 247.Hall, Miss Corintha, Page 103.Hall, Miss Corintha, Page 220.Hall, Miss Mattie, Pages 100 101 103.Hamilton, L. M., Page 135.Hancock, Dr. Thomas, Page 156.Harris, Mrs. A. I.,

1027 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Has Audio

Visible Translated Text Is As Follows: Witnesses—ContinuedBernhardt, C. W., Pages 151 152.Bird, J. P., Page 185.Blair, Miss Mollie, Page 220.Boehm, Julian B., Page 220.Branch, Harlee, Pages 139 139 140 140.Brown, Mrs. Jos., Page 220.Butler, B. P., Pages 148 148.Butler, R. P. (Rec.), Page 221.Campbell, Wade, Pages 105 105 106 106.Carson, Miss Irene, Page 174.Carson, Miss Rebecca, Page 220.Carson, Mrs. E. M., Pages 118 118.Caston, Mrs. M. W, Page 221.Castro, L. M., Page 163.Chambers, Phillip, Pages 182 132.Childs, Dr. Leroy W., Pages 165 166.Cooper, V. S., Page 185.Coplan, Nathan, Page 187.Coplan, Nathan (Rec.), Page 220.Cowan, Miss Cora, Pages 117 117.Craig, Ed,

1026 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Has Audio

Visible Translated Text Is As Follows: Witnesses—ContinuedMaynard, C. J., Pages 234 236.Merk, W. P., Page 224.Niles, Dr. G. M., Pages 238 239 239.Owens, W. B., Page 231.Patrick, W. C., Page 221.Pettis, Miss Nellie, Page 221.Pickett, E. H., Pages 227 228.Reed, J. D., Page 235.Rice, J. S., Page 221.Robinson, Miss Ruth, Page 222.Rogers, W. W., Page 232.Scott, Harry, Pages 234 234.Smith, Miss Carrie, Page 221.Smith, Lem, Page 221.Starnes, J. N., Pages 235 235.Tillander, O., Page 232.Turner, W. E., Pages 223 233.Wallace, Mrs. Mary E., Page 221.Winkle, Miss Estelle, Page 221.Wright, W. M., Page 221.TESTIMONY FOR DEFENDANT.Adams, J. Q., Pages 150 151.Adler,

1025 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Has Audio

Visible Translated Text Is As Follows: Witnesses—ContinuedCraven, R. L., Page D 226 0 226 RD RO.Davis, Miss Mary, Page 221.Dobbs, Sergeant L. S., Page 232.Dobbs, W. C., Pages 232 232.Dougan, Mrs. C. D., Page 221.Duffy, J. E., Pages 223 223.Elder, W. J., Page 221.Epps, Vera, Page 234.Floyd, J. B., Page 231.Funk, Dr. John, Pages 240 241.Gaunt, J. M., Page 233.Godard, A. L., Page 221.Goddard, R. M., Page 221.Gordon, George, Page 224.Graham, E. K., Pages 233 233 225.Griffin, Miss Maggie, Pages 221, 223.Hale, W. C., Page 221.Hearn, J. T., Pages 221 221.Heifer, F. P., Page 221.Hendricks, J. H., Page 229.Hewell, Miss

1024 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Has Audio

Visible Translated Text Is As Follows: Witnesses--ContinuedHolloway, E. F., Page D 29, Page O 30, Pages RD 31,32, Page R0 -82.Holloway, E. F. (Recalled by Deft.), Pages 76, 77, 79, Page -80.Hurt, Dr. J. W., Pages 46, 46, 48, Page -48.Jefferson, Mrs. George W., Pages 28, 28, 29.Lassiter, R. M., Pages 43, 43, 43.Lee, Newt (Colored), Pages 2, 4, 7.McKnight, Albert, Pages 41, 41, 42.Magnum, C. W., Page 74.Parry, H. L., Page 40, Page -40.Rogers, W. W., Pages 11, 14, 15, Page -16.Rosser, S. L., Pages 52, 52.Scott, Harry, Pages 22, 25, 26.Scott, Harry (Recalled for State), Pages 80, 80,

1022 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Has Audio

Visible Translated Text Is As Follows: Urseabach, O. F. --ContinuedApril 27thFrank at his house, Page 125.No scratches or bruises on Frank, Page 125.Saw Frank again Sunday afternoon and evening, Page 125.Frank told him about tragedy, Page 126.4:00 p. m., Frank borrowed rain coat, Page 126.6:00 p. m., raincoat returned, Page 126.Bridge played at Urseabach home on Saturday nights, Page 126.Frank and wife did not play poker, Page 126.Urseabach, Mrs. C. F.April 26th1:30 p. m., took phone message from cook, Page 126.April 27thNo bruises or marks on Frank, Page 126.Raincoat borrowed from husband, Page 126.Told of tragedy by Frank, Page 126.Frank

1021 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Has Audio

Visible Translated Text Is As Follows: Stover, Monteen—ContinuedDid not see Frank, in, Page 26.Did not see safe, Page 26.Did not see wardrobe, Page 26.Metal room door closed, Page 26.This door sometimes open and sometimes closed, Page 26.Worked on fourth floor, Page 26.TThomas, K. T., civil engineer, Page 153.Distances to factory, fromBroad and Hunter Sts. 333 feet, 1½ minutes walk, Page 153.Marietta and Forsyth Sts. 1016 feet, 4½ minutes walk, Page 153.Whitehall and Alabama Sts., 831 feet, 3½ minutes walk, Page 153.Walked at fair gait, Page 153.Thompson, Mrs. Mattie, Page 173.Frank's character good, Page 173.Has known him 3 years, Page 173.Tillander,

1020 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Has Audio

Visible Translated Text Is As Follows: Stahl, M. E., Page 241.Kendley, George, bitter toward Frank, Page 241.Stanford, Mell, Page 26.Spots seen by, in metal room, Page 27.Swept metal room, 25th, Page 27.Starnes, J. N., Page 10.April 27th, 5:00 to 6:00 a.m., went to factory.10Basement of factory examined, Page 10.Blood, what looked like dressing room, Page 10.April 28th, saw, near dressing room, Page 10.Chipped up parts, Page 10.Covered with white substance, Page 10.Clocks, examined by, with Hendricks, Page 10.Cords, knots in--described, Page 11.Many like cords all over factory, Page 11.Frank, Leo M., Page 10.Called over phone by Starnes, Page 10.Frank asked

1019 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Has Audio

Visible Translated Text Is As Follows: Selig Residence—ContinuedPictures of, Defense Exhibits 62, 63, Page 301.Plat of ground floor, Defense Exhibit 52, Page 299.Sinkovitz, N., Page 242.Pawned watch with M. E. McCoy, Page 242.Small, Miss Dora, Page 120.April 29th, at factory, Page 120.8:00 to 9:00 a. m., Frank talked to Miss Carson on business, Page 120.Conley worried her for money, Page 120.Asked for newspapers, Page 120.Bought extras, Page 120.Could read all right, Page 120.Said "Frank just as innocent as I am" and "God knows I am neveraround this place Saturday", Page 120.Elevator makes noise, shakes building, Page 120.Fourth floor, works on,

1018 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Has Audio

Visible Translated Text Is As Follows: Selig, Mrs. Emil, Page 112.April 26th1:10 p. m., had dinner, Page 112.1:20 p. m., Frank came to dinner, Page 112.He sat down and ate, Page 112.1:30 p. m., ladies left table, Page 112.Frank still eating, Page 112.6:10 p. m., saw Frank at Jacobs Pharmacy, Page 112.Stopped at Mrs. Loeb's, coming home, Page 112.6:30 p. m., reached home, Page 112.Found Frank there ahead of them, Page 112.No scratches or bruises on him, Page 112.Nothing unusual about him, Page 112.6:45 p. m., all sat down to supper, Page 112.Frank at supper with others, Page 112.7:15 p.

1017 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Has Audio

Visible Translated Text Is As Follows: Scott, Harry, Page 22.Black, worked with, Page 22.Pinkertons and police co-operated, Page 25.Conley's confession as to notes, Page 82.Frank, Leo M., Pages 80, 82April 29th, Frank taken into custody, by Scott and Black, Page 24.Witness first saw him, 28th, at factory, when Frank related in detail his movements on the 26th, Page 22.Lee, Newt, Page 22.Frank talked to, readily, at Scott's request, Page 24.Reports furnished Frank's attorneys, Page 23.Search of factory by Scott, Page 24.Selig, Emil, Page 110.April 26th, Page 111.Frank breakfasted before Mr. Selig, Page 111.1:15 p. m., Selig came to dinner, Page

1016 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Has Audio

Visible Translated Text Is As Follows: Schiff, Herbert G.--ContinuedUnreliable, Page 96.In stockade several times, Page 96.Women got him out, Page 97.Taken off elevator because unreliable, Page 96.Dalton, C. B., never saw him in factory, Page 87.ElevatorDark around, Page 92.Door to, easily lifted, Page 92.Motor box not kept locked, Page 92.Noise in operating, Page 92.Ferguson HelenApril 26th, paid off by Schiff, Pages 87, 96Did not ask for pay of deceased, Page 87.Financial sheetTestimony as to, Pages 86, 88, 89, 95.Frank, Leo M.As to nervousness, Page 91.Never spoke to deceased, Page 98.Hair, impossible to tell color of, Page 92.Haslkoline splashed all over

1015 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Has Audio

Visible Translated Text Is As Follows: Schiff, Herbert G, Page 85.April 25thFrank and Schiff left factory together 5:30 - 6:30 p.m., Page 87.April 26thSchiff intended coming to office but overslept, Page 87.Was called twice by Frank over phone, Page 87.April 27thSchiff saw Frank, no bruises on him, Page 91.April 28thFactory closed, too much excitement, Page 91.Girls standing around crying, Page 92.Had to suspend work, Page 92.Witness says Conley badly scared, Page 92.April 29thFrank and Schiff together at factory, Page 91.Frank did not speak to Conley, Page 91.Average SheetDiscussed and described, Pages 93, 95Miss Hall's initials "H.H." on, Page 93.Not to

1014 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: Quinn, Limmie—ContinuedSpots, could not tell whether of paint, varnish or blood, Page 106.Spots of bloodOften on floor from cutsWitness relates instances of cuts where girls bled profusely and passed by spots found by Barrett, coming to office to have cuts dressed, Page 106.Women, about 100, worked in factory, Page 106.RReed J. D.Conductor Hollis said George Epps and deceased on his car, 26th, Page 235.Denied by Hollis, Page 235.Rich relatives in Brooklyn, none, Page 125.Frank's parents worth only $20,000, Page 125.Robinson, Miss RuthSaw Frank once speak to deceased, Page 222.Called her by name, Page 222.Rogers,

1013 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Has Audio

Visible Translated Text Is As Follows: Pollard, C. L.Financial sheet examined by, Page 99.Testimony as to, Page 99.Would require exceeding three hours, Page 99.Pride, Arthur (c), Page 184.Always worked on second floor, Page 134.Except Saturdays, Page 134.On Saturdays, all over factory, Page 134.Conley, Jim,Character of, very bad, Page 134.Never associated with Conley, Page 134.Never saw Conley watching door on Saturdays, Page 134.ElevatorCan be heard when machinery stopped, Page 134.Makes roaring noise, Page 134.Motor makes loud noise, Page 134.Can hear while hammering going on, Page 134.SaturdaysHas not missed one since July, 1912, Page 134.Worked until 4:30 p. m., and all over

1012 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Has Audio

Visible Translated Text Is As Follows: Pictures (By J. Q. Adams)FactoryBasement, Def. Ex. 69, Page 301.Passage to rear door, Def. Ex. 71, Page 302.Place where body found, Def. Ex. 70, Page 301.Cotton sacks, place kept, Def. Ex. 75, Page 302.Elevator viewsBox, Def. Ex. 80, Page 302.Foot of Shaft, Def. Ex. 68, Page 301.Shaft and trap door, Def. Ex. 73, Page 302.Wheel, 4th floor, Def. Ex. 81, Page 303.First floorEntrance, Def. Ex. 72, Page 302.Second floorCotton sacks, where kept, Def. Ex. 75, Page 302.Floor chipped, Def. Ex. 77, Page 302.Metal room, Def. Ex. 74, 82, 83, 84, Pages 303.Closet to, views,

1011 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Has Audio

Visible Translated Text Is As Follows: Nix, M. O.--ContinuedFamiliar with Frank's handwriting, Page 123.Financial sheet in his handwriting, Page 123.Worked for Montag Bros., Page 123.OOwens, William, M.D., Page 143.Experiments at factory, with, Page 143.Assistance of Brent and Fleming, Page 143.Grand Jury, letter to, Page 147.Matter of conscience, Page 147.Owens, W. B.April 26th, Page 231.Reached city 12.05 p. m. on White City car, Page 231.Did not recall seeing on English Ave., car, Page 231.PPappenheimer, OscarAs to Financial sheets, Page 125.Parmelee, Mrs. J. O.Frank's character good, Page 170.Knows his character, how, Page 170.Knows his character, Page 170.Pay EnvelopeFound at factory by McWorth

1010 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Has Audio

Visible Translated Text Is As Follows: Montag, Sigmund—ContinuedApril 26th10:00 a. m., Frank came to Montag Bros, Page 128.Stayed about one hour, Page 128.Talked with Gottheimer and Miss Hall, Page 129.April 27thFrank came to home of, after breakfast, Page 129.A raw, chilly morning, Page 129.Nothing unusual about him, Page 129.No more nervous than Montag, Page 129.Went to factory and made examination, Page 129.Factory, saw nothing on floor of 27th, Page 129.Financial Sheet, Page 129.Of April 24th, received a. m. of 26th, Page 129.Frank came to Montag Bros. daily, Pages 128, 129.Insurance company ordered factory cleaned, Page 130.Metal room, accidents numerous in,

1009 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Has Audio

Visible Translated Text Is As Follows: Maynard, C. J, Page 234.Dalton, C. B., at factory with woman in 1912, Page 234.Woman weighed about 125 pounds, Page 234.Merk, W. P.Knows Mrs. Daisy Hopkins, Page 234.Character for truth and veracity, bad, Page 234.Michael, JeromeApril 26th1:45 to 2:00 p.m., saw Frank at No. 387 Washington Street, Page 115.Time, how fixed, Page 115.Took dinner at No. 387 Washington Street, Page 115.Frank spoke to him and his mother, Page 115.Nothing unusual about Frank, Page 115.No scratches, marks, no nervousness, Page 115.Witness practicing lawyer in Athens, Page 115.Michael, Mrs. M. G, Page 114.April 26th2:00 p.m., was

1008 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: Mann, Alonzo--ContinuedFrank had him telephone Schiff, Page 122.Telephoned Schiff twice, Page 122.Left Miss Hall at factory with Frank, Page 122.Saw Holloway, Darley, Irby, McCraley there, Page 122.Office boy at factory, Page 122.SaturdaysBoy stayed until 3:30 to 4:00 p. m., Page 122.Frank always at work at that time, Page 122.Never saw any women in Frank's office, Page 122.Never saw Dalton there, on, Page 122.Marcus, Mrs. A. E, Page 127.April 26th, played cards, Selig home, Page 127.Frank sat reading in hall, Page 127.Nothing unusual about Frank, Page 127.10:00 p. m., Frank retired, Page 127.Marcus, Mrs. M,

1007 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Has Audio

Visible Translated Text Is As Follows: McCrary, Truman (c)—ContinuedNever saw Conley sweeping on, Page 131.Schiff and Frank worked on, Page 130.McKnight, Albert (c), Page 41.April 26th1:00 to 2:00 p. m., claimed to be at Big home, Page 411:30 p. m., Frank came home, witness did not see Frank eat, Page 41.Dining room at Selig home described, Page 41.Kitchen, witness claims to have watched Frank from, Page 41.McKnight, Minola (c), Page 109.April 26thCooked breakfast at Selig home, Page 109.Frank ate shortly after 7 o’clock, Page 109.1:00 to 2:00 p. m., Albert McKnight not there, Page 109.1:20 p. m., Frank came to

1006 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: Loeb, CohenApril 26th, Page 116.2:00 p. m., caught car Washington St. and Georgia Ave, Page 116.Frank boarded this car at Glenn Street, Page 116.They sat together, Page 116.2:10 p. m., Frank left car at Capitol, Page 116.Car blockaded, Page 116.Frank went West on Hunter Street, Page 116.Had on blue suit, wore derby hat, Page 116.Automobile of H. J. Hinchey almost collided with car, Page 116.Nothing unusual about Frank, Page 116.No marks on, no nervousness, Page 116.Loeb, JulianApril 26th, Page 116.1:50 to 2:00 p. m., saw Frank at Wolfshimer's residence, Page 116.Talking to Mrs. Michael

1005 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: Lee, Newt--ContinuedApril 26th.4.00 p. m., reached factory about, Page 2.Excused by Frank for 1½ hours, Page 2.6.57 p. m., returned to factory, Page 2.6.00 p. m., Gantt, J. M., came from saloon, Page 3.Went back to beer saloon in about half hour, Page 5.7.00 p. m., Frank phoned factory, Page 3.7.00 p. m., first trip to basement, Page 6.Witness says all factory doors unlocked evening of 26th, Page 6.April 27th.3.00 a. m., body discovered in basement, Page 3.Claimed he first saw it from toilet, Page 3.Notified police at once, Page 4.Clocks punched 26th and

1004 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: Kitchens, Miss Mamie, Page 222.Dressing room incident, Page 222.Frank asked if girls did not have work to do, Page 222.Kriegshaber, V. H., Page 169.Frank's character good, Page 169.Has known Frank 3 years, Page 169.Trustee Hebrew Orphans' Home, Page 169.Frank also Trustee, Page 169.Frank came to Home often, Page 169.LLane, Alfred L., Page 167.Brooklyn, lives, Page 167.Frank's character good, Page 167.Knew him 15 years and at Cornell and Pratt Institute, Page 167.Lasher, Herbert, Page 168.Frank's character good, Page 168.Knew him 3 years at Cornell, Page 168.Classmate and roommate 2 years, Page 168.He associated with best

1003 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: Kaufman, I. U.--ContinuedPlats and DrawingsBasement of factory, Defense Exhibit 61, Page 301.First floor of factory, Defense Exhibit 61, Page 301.Ground floor of Selig residence, Defense Exhibit 50, Page 299.Washington St. and Georgia Ave. corner, Defense Exhibit 53, Page 300Kelley, N.April 26th, deceased not on car of Matthews and Hollis, Page 231.Kendley, George,April 26thSaw deceased in life, Page 230.Bitter toward Leo M. Frank, Page 230.Asher, S. L. (242); Stahl, M. E. (241). Brent, T. Y. (241); Haas,Miss C. L. (242)Kendrick, L. T.Night watchman, former, nearly 2 years, Page 234.Clock needed setting then every twenty-four hours,

1002 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: Hunter, Joel C.Financial Sheet examined by, Page 98.Testimony as to, Page 98.Would require 3 to 3½ hours, Page 98.IIngram, Louis, Page 231.April, 26th, Page 231.Reached city on English Ave car, Page 231.Has seen car ahead of time, Page 231.JJackson, Miss IreneDressing room, about Frank going to, Page 172.Flirting from factory windows, Page 172.Frank's character good, Page 172.Has known him 3 years, Page 172.Jefferson, Mrs. George W.Cords in factory like cord about neck of deceased, Page 28.Paints, different colored, in factory, Page 28.Jones, Ivy (c)April 26th1:00 to 2:00 p. m., saw Conley at Hunter and

1001 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Has Audio

Visible Translated Text Is As Follows: Holloway, E. F. - ContinuedConley, JimFamiliar with whole building, Page 77.Not duty of Conley, but of Holloway to watch door, Page 78.Washing his shirt, 28th, Page 79.Tried to hide it from Holloway, Page 79.Witness did not see Conley, 26th, Page 78.Cords lying scattered all over factory, Page 31.Dalton, C. B., never in or about factory, Page 77.Day watchman at factory, Page 29.Distances measured by Holloway, Page 79.Frank, Leo M.Never familiar with Conley, Page 77.Never spoke to deceased, Page 30.Worked Saturdays at factory, Page 78.Gant, J. M., talked many times with deceased, Page 30.Hopkins, Mrs.

1000 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Has Audio

Visible Translated Text Is As Follows: Hixon, Annie, (c)—ContinuedApril 27thFrank and wife came to Ursenback's to dinner, Page 122.As was their custom, Page 122.Laughed and talked, Page 122.Nothing unusual about Frank, Page 122.Not nervous or excited, Page 122.Hoffman, Henry,April 26thMatthews' car due 12:07 p. m. at Broad and Marietta streets, Page 230.Matthews works under Hoffman, Page 230.Has run ahead of time, Page 231.Hollis, W. T.April 26thConductor English Ave. car, Page 84.Deceased rode on car of, by herself, Page 84.No boy with her, Page 84.She was accustomed to ride on Hollis' car two or three times a week, Page 84.Left car

0999 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: Hays, Miss IdaConley's character bad, Page 170.Has known him two years, Page 170.Frank's character good, Page 170.Has known him two years, Page 170.Hewell, Miss DeweyFrom Home of Good Shepherd, Cincinnati, Page 222.Saw Frank once speak to deceased, Page 222.All other girls saw it, Page 222.No concealment, Page 222.Heyman, ArthurAttorney at law, Atlanta, Page 169.Frank's character good, Page 169.Has known him three or four years, Page 169.Hicks, Miss GraceBody of deceased identified, Page 15.Had known each other about a-year, Page 15.Employees paid off 6:00 to 7:00 p.m., 25th, Page 15.Witness saw Helen Ferguson at time,

0998 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: Haas, IsaacApril 27th, did not hear telephone, Page 147.His wife awakened him, Page 147.Frank's character good, Page 147.Hall, Miss CorinthiaApril 26th11:35 a. m., she reached factory, Page 103.Frank dismissing two men as she came in, Page 103.Freeman, Mrs. Emma with her, Page 103.11:45 a. m., left factory, Page 103.In factory at time were Arthur White, Mrs. May Barrett, her daughter, Harry Denham, Frank, and stenographer, Page 103.Frank's officeEntered, with Mrs. Freeman, Page 103.Frank writing in inner office, Page 103.Stenographer in outer office, Page 103.Telephone used by Mrs. Freeman, Page 103.Holloway, E. F., witness met

0997 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: Glogowski, Mrs. H, Page 170.Boarding house, keeps, Atlanta, Page 170.Frank's character good, Page 170.Goldstein, M. P, Page 169.Attorney at law, Atlanta, Page 169.Frank's character good, Page 169.Has known him three and one-half years, Page 169.Goldstein, M. J, Page 127.April 26th, Page 127.8:15 p. m., played cards, Selig home, Page 127.Frank read in hall, Page 127.Nothing unusual about Frank, Page 127.10:30 p. m. Frank retired, Page 128.His wife left 15 minutes after, Page 128.Gordon, George, Counsel for Minola McKnight, Page 224.As to her affidavit, Page 224.Gottheimer, Harry, Page 124.April 26th, Page 124.10:00 a. m., was

0996 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: Freeman, Mrs. Emma Clark, Page 104.April 25th, paid off by Schiff, Page 104.April 26th, Page 104.11.35 a. m., about, went to factory with Miss Corinthia Hall, Page 104.Witness saw in office Frank, two men, Miss White, and stenographer, Page 104.11.45 a. m., left factory, Page 104.Left in factory Mrs. May Barrett, and daughter, Mrs. White, Arthur, Page 104.White, Harry Denham, Frank, and stenographer, Page 104.Fourth floor, Page 104.Frank permitted her to go to, Page 104.Quinn, Lennie, she met after she left factory, Page 104.Telephone at factory, she used, Page 104.Fuss, Miss Julia, Page 121.April

0995 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: Expert Testimony—ContinuedJohnson, Clarence, M. D., Page 236.Kendrick, W. S., M. D., Page 182.Niles, George M., M. D., Page 238.Olmsted, J. C., M. D., Page 161.Smith, Claude, M. D., Page 45.Westmoreland, Willis, M. D., Page 160.FFerguson, Helen, Page 42.April 25th7:00 p. m. saw Frank and asked for pay of deceased, refused, Page 42.Frank said “I cannot let you have it!”, Page 42.Had gotten it before but not from Frank, Page 42.Finley, John, Page 142.Character of Leo M. Frank good, Page 142.Elevator motor at factory makes great noise, Page 142.Saturdays at factoryWorked on, at one time,

0994 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: Exhibits—Defense—Continuedcorner of basement where body was found (301); 71, Picture showing passageway to back door (302); 72, Picture showing entrance to factory (302); 73, Picture showing elevator shaft and trap door (302); 74, Picture of metal room (302); 75, Picture showing place where cotton sack kept (302); 76, Picture showing room (302); 77, Picture showing where floor chipped (302); 78, Picture showing lathe (302); 79, Picture showing view 3rd floor to 2nd floor (302); 80, Picture showing elevator box (302); 81, Picture showing elevator wheel (303); 82, 83, 84, views of metal room (303);

0992 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: Denham, Harry--ContinuedThey were washing at the time, Page 108.3:10 p. m., White and Denham left, Page 108.They saw Frank in office at work, Page 108.White borrowed $2.00 from Frank, Page 108.Whole building open to Denham and White, Page 108.ElevatorDid not hear, all day, 26th, Page 108.No noises but street noises, Page 108.Wheels of, can be seen from where they worked, about forty feetaway, Page 109.Crooks sacks on floor, where working, Page 109.Dickerson, Miss OpleConley's character bad, Page 171.Has known him 2 years, Page 171.Frank's character good, Page 171.Has known Frank 17 months, Page 171.Never

0991 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Has Audio

Visible Translated Text Is As Follows: Dariey, N. V.--ContinuedClarke Woodenware CompanyDoor to, found broken open just after the tragedy, Page 74.Conley, JimApril 26thDarley did not see, at factory, Page 26.April 28thExcited and nervous; looked most suspicious to Darley, Page 76.Excitement in factory after tragedy, Pages 36, 38.Financial sheetSeen by him on Frank's desk, Page 33.Usually completed after 5.30 p. m. on Saturdays, Page 33.Frank, Leo M.April 27th, no scratches onNervous many times and for various causes at factory, Page 36.Witness says Frank never spoke to deceased, Page 36.Gantt, J. M.At factory 3 or 4 times after discharge, Page 33.Hired all

0990 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: Character of Leo M. Frank-ContinuedWitnesses attacking Frank's characterMisses Myrtice Cato, Maggie Griffin, Marie Carst, Nellie Pettis, MaryDavis, Estelle Winkle, Carrie Smith; Madames C. D. Donegan, H. R.Johnson, Mary E. Wallace, Page 221.All former employees at factory, Page 221.Clarke Woodenware CompanyOn first floor of factory (door to, not locked; nailed up, but found brokenopen just after the tragedy), Pages 77, 79.State Exhibit A (243) does not show, Page 97.Coleman, J. W., conversation with McWorth, Page 233.Coleman, Mrs. J. W., Page 1.April 26th, Page 1.11:45 a. m., last saw deceased in life, Page 1.Had eaten cabbage

0989 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: Character of Leo M. Frank goodMisses Annie Osborne, Rebecca Carson, Maude Wright, Corinthia Hall,Annie Howell, Lillie M. Goodman, Velma Hayes, Jennie Mayfield, Ida.Holmes, Willie Hatchett, Minnie Smith, Marjorie McCord, GeorgiaDenham, Zilla Spivey, Minnie Foster, Mary K. Julia Fuss, MesdamesElla Thomas, O. Jones, M. W. Carson, Lizzie Small, Page 220.All employees at factory, Page 220.Misses Mollie Blair, Ethel Stewart, Cora Cowan, Lizzie Word, BessieWhite, Grace Atherton, Mrs. Barnes, B. D. Smith, Page 220.All worked on fourth floor, Page 220.Never heard of any wrongdoing of Frank, Page 220.Never met Frank for immoral purposes, Page 220.Charles Lee,

0988 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: Carson, Mrs. E. M., Page 118.April 29th9:00 to 10:00 a. m., Frank on fourth floor, Page 118.Frank did not whisper to Conley, Page 118.Did not ask employees to stick to him, Page 118.Said the tragedy was deplorable, Page 118.Blood spots.Common in and near dressing room, Page 118.From finger cuts, Page 118.From menstruation, Page 119.Never saw Frank drinking in office, Page 119.Castro, L. M., Page 153.Distances to factory fromHunter and Broad Sts., 1-1.2 minutes, Page 154.Marietta and Forsyth Sts., 4-1.2 minutes, Page 154.Whitehall and Hunter Sts., 3-1.3 minutes, Page 154.Walking at moderate gait, Page 154.Cato,

0987 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: Campbell, Wade, Page 105.April 26th9:30 a. m., reached factory, Page 105.Frank working at time, Page 105.9:40 a. m., left factory, had not seen Conley at all, Page 105.Conley, JimNot at factory, 26th, when Campbell there, Page 105.Reading, Campbell has seen Conley, Page 106.Writing, Campbell has seen Conley, Page 106.Frank never talked with deceased, Page 105.Spots all over metal room, Page 105.White, Mrs. J. A., told Campbellstairs April 26th about 12:30 p. m., seeing unknown negro sitting by, Page 106.Witness subpoenaed to Dorsey's office, Page 106.Carson, Miss Irene, Page 174.Frank's character good, Page 174.Knew him

0986 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: Benedict, S. C., Pres. State Board of Health, Page 229.Black, John R, Page 17.April 28th, arrested Frank, Page 17.Bloody shirt found at Newt Lee's house at 9:30 a. m. on 29th, Page 19.Coroner's Inquest, Page 18.Frank answered questions readily, Page 18.Factory examined Sunday, Page 19.Frank,-Leo M, Page 17.Heard phone conversation between Frank and Starnes, Page 17.Safe at factory easily opened by Frank, 27th, Page 19.Lee, Newt, Page 19.Bloody shirt found, Page 19.Frank and witness talked to Lee at police station, Page 18.Undertaker's, Page 17.Frank and witness saw body at, Page 17.Frank did not know

0985 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: Bailey, Gordon (Snowball), Page 136.April 23thDid not see Frank talk to Conley, Page 136.Character for veracity bad, Page 120.Conley, JimHas seen him reading newspapers, Page 136.Never saw him guarding doors, Page 136.Frank, Leo M.Never saw him with women in office, Page 136.Saturdays, Page 136.Frank never asked Conley to return on, Page 136.Barnes, Miss Sarah, Page 171.Frank's character good, Page 171.Barrett, R. P.Hair seen on machine, Page 26.Metal department searched, Page 27.Pay envelope found, Page 27.Reward hoped for and worked for, Page 137.Spots found, Page 26.Bauer, R. L., Page 135.SaturdaysWorked at factory, summer 1909 and

0984 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: Accidents in Metal RoomEmployees' hands cut often, Page 133.Particular instances, Page 133.Floors not washed or cleaned, Page 133.Hands dressed in office, Page 133.Pass by dressing room, Page 133.Adams, J. Q.Made photographs of Selig home, and factory (see pictures), Page 150.Albert, C. D.Frank's character good, Page 168.Knew Frank two years, Page 168.At Cornell, Page 168.Professor of Machine Designs, Cornell, Page 168.Anderson, A. N.Frank's bank book and cancelled checks identified, Page 147.Defense Exhibits 50, 51, Page 298.His bank balance stated, Page 147.Anderson, W. F.April 26th, Page 39.Answers phone call to factory, Page 39.3:30 a. m., tried

0816 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: ( I N D E X .)Bill of Indictment, Page 1.Verdict, Page 3.Extraordinary Motion for New Trial, Page 3.1st Amended Motion, Page 43.2nd " ", Page 45.3rd " ", Page 45.Order of May 9th, 1914, Page 51.Order Striking 2nd Amended Motion, Page 58.4th Amended Motion, Page 53.Order of May 9th, 1914, Page 61.5th Amended Motion, Page 82.Order of May 9th, 1914, Page 75.6th Amended Motion, Page 76.Order of May 9th, 1914, Page 79.Response to Extraordinary Motion New Trial, Page 80.States Response to Amendments 1,2,3, & 4, Page 114.Reply to 5th Amendment to Extraordinary Motion,

0815 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: ( I N D E X )Bill of Indictment, Page 1.Verdict, Page 3.Extraordinary Motion for New Trial, Page 43.1st Amended Motion, Page 43.3rd Amended Motion, Page 45.Order of May 9th, 1914, Page 51.Order Striking 2nd Amended Motion, Page 58.4th Amended Motion, Page 53.Order of May 9th, 1914, Page 61.5th Amended Motion, Page 63.Order of May 9th, 1914, Page 75.6th Amended Motion, Page 76.Order of May 9th, 1914, Page 79.Response to Extraordinary Motion New Trial, Page 80.States Response to Amendments 1,2,3, & 4, Page 114.Reply to 6th Amendment to Extraordinary Motion, Page 131.Order Overruling Extraordinary

0339 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: INDEX #3 continued.Witnesses:D O. RD R#Kelley, H., Page 366 366.Kitchens, Miss Mamie, Page 344 344.Matthews, W. H., Page 357 357.Maynard, C. J., Pages 359-360 360.Merr, W. E., Page 346 346.McCann, O. B., Page 344 344.McKnight, Albert, Page 359 359.Mowling, J. C., Pages 362-364 364.Miles, Dr. G. M., Page 364 364.Owens, W. B., Page 366 366.Patrick, W. C., Page 344 344.Patrick, Miss Nellie, Page 344 344.Pickett, E. H., Pages 351-352 352.Read, D. D., Page 360 360.Robinson, Miss Ruth, Page 344 344.Rogers, W., Page 356 356.Rose, Harry, Page 343 343.Smith, E., Pages 368-369 369.Smith, Miss Carrie,

0335 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: Witnesses:Rener, Wm., Page 268.Barnes, Miss Sarah, Page 259.Boehm, Julian V., Page 262.Blair, Miss Mallie, Page 262.Campbell, Wade, Pages 169, 169, 169, 169.Cowan, Miss Cora, Page 262.Carson, Mrs. R. M., Pages 168, 168.Carson, Miss Rebecca, Page 262.Childs, Dr. Leroy W., Pages 251, 253.Cooper, V., Page 211.Cullen, Nathan, Page 265.Carson, Miss Rebecca (recalled), Pages 167, 168.Chambers, Phillip, Page 208.Craig, Robert, Page 211.Craig, Ed M., Page 211.Gaston, L., Page 262.Garson, Miss Irene, Page 262.Opal, Nathan (recalled), Page 211.Orr, Samuel, Page 211.Dittler, Alex, Page 262.Denham, Mrs. Georgia, Pages 262, 175.Denham, Harry, Page 174.Derley, N. V., Page 262.Dittler, Emil,

0083 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: 10852Frank & State(INDEX.)Bill of Indictment, Page 1.Plea, Page 3.Verdict, Page 3.Sentence, Page 4.Motion for New Trial, Page 5.Amended Motion for New Trial, Page 7.Certificate of Court, Page 237.Order Overruling Motion for New Trial, Page 238.Charge of the Court, Page 239.Approval of the Court, Page 244.Brief of the Evidence, Page 245.

0011 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: 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. B. Lovenhart, Mrs. J.O.Lovenhart, Miss Marian Lovenhart, S. Aron, Max Parkes, R.L.Greene, John W. Holmes, Shi Grey, B. M. Johnson, J.J.Cummings, W.L.Ricker, J.A.Lehman and G.P. Stough.Affiant did not know either of said Jurors had ever seen or heard of them before; t m he did not know until after the trial and did not have any means of knowing until after said

0006 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Here is the extracted text from the image: State of Georgia, Fulton County.Be it remembered that at the July Term, 1913, of FultonSuperior Court,--His Honor, L. S. Roan, one of the Judges of theSuperior Court of the State of Georgia presiding--there came on tobe tried the case of the State of Georgia vs. Leo M. Frank,same being an indictment for murder. On the trial of said casethe jury found the defendant guilty without any recommendationfor imprisonment and the court imposed the death sentence upon thedefendant.At the same term at which said verdict was rendered,and in due and legal time, defendant

0950 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

0949 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

0948 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

0947 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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,

0946 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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,

0945 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

0944 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

0942 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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,

0943 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

0941 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

0954 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

0960 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

0959 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

0958 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

0957 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

0955 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

0956 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

0953 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

0952 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

0970 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

0951 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

0969 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

0968 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

0967 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

0966 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

0965 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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.

0964 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

0962 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

0980 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

0961 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

0979 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

0978 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

0977 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

0975 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

0973 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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,

0974 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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,

0972 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

0981 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

0993 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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);

1023 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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,

1033 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1035 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1037 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1039 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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.

1040 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1032 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1034 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1036 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1038 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1044 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1046 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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.

1047 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1048 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1050 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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.

1041 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1042 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1043 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1045 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1060 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1049 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1059 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1058 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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.

1057 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1056 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1051 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1055 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1052 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1053 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1054 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1070 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1069 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1068 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1067 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1066 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1065 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1064 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1063 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1062 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1061 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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;

1080 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1079 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1078 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1077 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1076 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1075 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1074 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1073 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1072 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1071 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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.

1090 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1088 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1089 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1086 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1087 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1084 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1085 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1082 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1083 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1081 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1100 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

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