Author: Historical Librarian

Visible Translated Text Is As Follows: a minute and a half ahead. I have caught him as much as threeminutes ahead of time last Spring, on the trip due in town 12.07.I didn't report him. I just talked to him. I have known him to beahead of time twice in five years while he was under my super-vision.H. KELLY, Sworn for the State in rebuttal.I am a motorman of the Georgia Railway & Power Co. On April26, I was standing at the corner of Forsyth and Marietta St. aboutthree minutes after 12. I was going to catch the College Park

Visible Translated Text Is As Follows: W. M. MATTHEWS, Sworn for the State in rebuttal.I have talked with this man Dobbs (W.C.) but I don't know what I talked about. I have never told him or anybody that I saw Mary Phagan get off the car with George Epps at the corner of Marietta and Broad. It has been 12 years since I have been tried for an offense in this court.CROSS EXAMINATION. I was acquitted by the jury. I had to kill a man on my car who assaulted me.W. C. DOBBS, Sworn for the State in rebuttal.Motorman Matthews

Visible Translated Text Is As Follows: EKK.GRAHAM,Sworn for the State in rebuttal.I was at the pencil factory April 26,with Mr. Tillander, about 20 minutes to 12. We met a negro on the ground floor. Mr. Tillander asked him where the office was, and he told him to go up the steps. I don't know whether it was Jim Conley or not. He was about the same size, but he was a little brighter than Conley. If he was drunk I couldn't notice it. I wouldn't have noticed it anyway.CROSS EXAMINATION. Mr. Frank and his stenographer were up stairs. He was

Visible Translated Text Is As Follows: was the soul of honor and that we had the wrong man; that there wasno use in inquiring about Darley and he knew Darley could not beresponsible for such an act. I told him that we had good infor-mation to the effect that Darley had been associating with othergirls in the factory; that he was a married man and had a family.Mr. Frank didn't seem to know anything about that. He said it wasa peculiar thing for man in Mr. Darley's position to be associatingwith factory employees, if he was doing it.CROSS EXAMINATION. We

Visible Translated Text Is As Follows: CROSSEXAMINATION. I was ten feet from the woman. I didn't notice her very particularly. I did not speak to them.W.T. HOLLIS, Sworn for the State in rebuttal.I don't remember talking to J. D. Reed on April Monday April 29, and telling him that George Epps was with Mary Phagan on my car together. I didn't tell that to anybody. I say like I have always said, that if he was on the car I did not see him.J. D. REED, Sworn for the State for rebuttal.Mr. Hollis told me on Monday April 29, that

Visible Translated Text Is As Follows: look her up, it was reasonable and right that she should be looked up. I did that for the best interest of the case I was working on. No, I didn't have any warrant for her arrest. She was brought to Mr. Dorsey's office by a bailiff by a subpoena. I took her away from Dorsey's office and put her in a patrol wagon. I expect Mr. Dorsey knew we were going to look her up, but he did not tell us to do it. No, he didn't disapprove of it. I didn't know

Visible Translated Text Is As Follows: dead at 3 A.M. with a rope around her neck indented and the fleshsticking up, bruised on the eye, blood on the back of her head, thetongue sticking out, blue skin, every indication that she came toher death from strangulation, her head down. rigor mortis had beenon her twenty hours, the blood had settled in the back, more the gravitywould naturally take it in the face, she is embalmed, formaldehydeis used and injected in the various cavities of the body, includingthe stomach, a pathologist takes her stomach a week or ten daysafter, finds cabbage

Visible Translated Text Is As Follows: hardly any change on its chemical property. When it comes incontact with the formaldehyde it is supposed to be preserved.It has some neutralizing effect on the alkali present. Thatdecomposes in time after death, unless hindered by some preservative.The hydrochloric acids in the stomach also disappear if the stomachhas disintegrated and the preservative has disappeared. It disappearslike the other fluids and tissues of the body unless hindered bysome preservative agent. Sometimes digestion is delayed a gooddeal even in a normal stomach by insufficient mastication, too muchdiluting of the juices, or anything that hinders the operation

Visible Translated Text Is As Follows: REDIRECT EXAMINATION.taken out nine days afterwards would be a little in excess of what I would consider normal, under the conditions already named.Dr. GEO. M. NILES, sworn for the State, in rebuttal.I confine my work to diseases of digestion. Every healthy stomach has a certain definite and orderly relation to every other healthy stomach. Assuming a young lady between thirteen and fourteen years of age at 11.30 April 26, 1913, eats a meal of cabbage and bread, that the next morning about three o'clock her dead body is found, that there are indications in

Visible Translated Text Is As Follows: The starch digestion should have progressed beyond the stateerythrogetrin; in the course of an hour. There should have beenenough free acid to have stimulated the n pyloris, and back to acertain extent, and there should have been some contents in theduodenum. I am assuming of course that it is a healthy stomach andthat the digestion was not disturbed by any psychic cause whichwould disturb the mind or any severe physical exercise. I amnot going so much by the physical appearance of the cabbage. Anysevere physical exercise or mental stress has quite an influenceon digestion.

Visible Translated Text Is As Follows: busy at once. Of course, it would not be prepared as well. The digestion would be delayed of course. That cabbage is not as well digested as it should have been (State's exhibit G.) But the very fact of your anticipating a good meal, smelling it, starts your saliva going and forms the first stage of digestion and digestion is begun right there in the mouth, even if you haven't chewed it a single time. Any deviation from good mastication retards digestion. I couldn't presume to say how long that cabbage lay in Mary

Visible Translated Text Is As Follows: alfactories act as a stimulant to the salivary glands.DR.JOHN FUNK,Sworn for the State in rebuttal.I am Professor of Pathology and Bacteriologist I was shownby Dr.Harris, sections from the vaginal wall of Mary Phagan,sections taken near the skin service. I didn't see sections fromthe stomach or the contents. These sections showed that theepithelium wall was torn off at points immediately beneath thatcovering in the tissues below, and there was infiltrated pressureof blood. They were you might say engorged, and the white bloodcells-in those-blood vessels were more numerous than you willfind in a normal blood vessel.

Visible Translated Text Is As Follows: fluid containing usual amount of formaldehyde, this being injected into the veins in the large cavities, she is interred thereafter, and in about a week or ten days she is disinterred, and you find in her stomach cabbage like that, (State's Exhibit G) and you find granules of starch undigested, and those starch granules are developed by the usual color tests, and you also find in that stomach thirty two degrees of combined hydrochloric acid, the pylorus closed, and the duodenum, and six feet of the small intestines empty, no free hydrochloric acid being

Visible Translated Text Is As Follows: EVI DENCE FOR DEFENDANT IN SUR-REBUTTAL.T. Y. BRENT, Sworn for the defendant in sur-rebuttal.I have heard George Kendley on several occasions express himself very bitterly towards Leo M. Frank. He said he felt in this case just as he did about a couple of niggers hung down in Decatur; That he didn't know whether they had been guilty or not but somebody had to be hung for killing those street car men and it was just as good to hang one nigger as another, and that Frank was nothing but an old Jew and

Visible Translated Text Is As Follows: S. L. ASHER, Sworn for the defendant, in sur-rebuttal.About two weeks ago I was coming to town between 5 and10 minutes to one on the car and there was a man who was talkingvery loud about the Frank case and all of a sudden he said,"They ought to take that damn Jew out and hang him anyway". Itook his number down to report him.CROSS EXAMINATION. I have not had a chance to report since ithappened.ADDITIONAL STATEMENT MADE BY DEFENDANT,LEO M. FRANK.In reply to the statement of the boy that he saw me talk-ing to

Visible Translated Text Is As Follows: STATE'S EXHIBIT A. state's diagram of the pencil factory.

Visible Translated Text Is As Follows: DEFENSE BATTPRISONER FRANK AND SHERIFF BEON WAY FROM JAIL TO COURTPATWASState's Exhibit 84On Frank's morning, April 26, 1913, the following being unsworn statement made before the Coroner's Jury:I am General Superintendent and Director of the National Pencil Co., 37 to 41 South Forsyth St. I have been with the company since Penell 1, 1908. I was not at the factory on Saturday, April 26th, 1913. I was at home. I slept late, got up about 7:30, had breakfast about 8:30, and then went out to look after some work I had to do. I

Visible Translated Text Is As Follows: was right in front of me. - I said, "I will be ready in a minute" and he went downstairs and I come to the office and put on my coat and hat and followed him and went down. When I went out, talking to Newt Lee was J.M.Gantt, a man that was fired about two weeks ago. Newt Lee told me he wanted to get in to get a pair of shoes he had left there. I went and told Mr. Frank, and Mr. Frank said to me, "What does he want?" and

Visible Translated Text Is As Follows: STATE'S EXHIBIT C.Piece of cord found around Mary Phagan's neck, about size of a heavy twine, with a knot in it.STATE'S EXHIBIT D.Rag that was found around Mary Phagan's neck, white piece of cloth, soiled. Looked as if it was a piece torn off from petticoat.STATE'S EXHIBIT E.Four or five chips of wood, with red splotehes on them, chipped up from the second floor of the National Pencil Company factory in front of ladies dressing room.STATE'S EXHIBIT F.Shirt found by detectives in trash barrel at Newt Lee's home. Shirt was very bloody blood was

Visible Translated Text Is As Follows: STATE'S EXHIBIT J.Affidavit executed by Minola McKnight for solicitor Dorsey, as follows:-"State of Georgia,County of Fulton.Personally appeared before me a Notary Public in and for the above state and county, Minola McKnight, who lives in the rear of 361 Pulliam St., Atlanta, Ga., who being duly sworn deposes and says:On Saturday morning, April 26, 1913, Mr. Frank left home about 8 o'clock, and Albert my husband was there Saturday too, Albert left there about 9 o'clock, and after dinner, about one and one half past one, Mr. Frank came home to dinner. He was

Visible Translated Text Is As Follows: net to say anything about what happened at home there?A. Yes sir.Q. Is that true?A. Yes sir.Q. And that's the reason you would rather have been locked up last night than tell?A. Yes sir.Q. Has Mr. Pickett or Mr. Graves or Mr. Campbell or myself influenced you in any way or threatened you in any way to make this statement?A. No sir.Q. You make it of your own free will and accord in the presence and in the presence of Mr. Gordon, your attorney?A. Yes sir.(Signed) Minola McKnight.Sworn to and subscribed before me, this

Visible Translated Text Is As Follows: He said he would love some ladies down at the right in high still is but that he is tall black negro or big himselfMan that negro fire in here did that when I went to make water and he pushed me down a hole in a tall negro black that he did itL.N. 4/26/13377

Visible Translated Text Is As Follows: STATE'S EXHIBIT L.A small whip handle found by detective McWorth at thepencil factory.STATE'S EXHIBIT M.CLOTHES WORN BY MARY PHAGAN CONSISTING OF hat, hair ribbons(2), dress, corset with hose supporters attached, one broken,corset cover, knit underwear, underskirt, drawers, (right leg tornand soiled with blood), pair of silk garters, pair of hose, pairof low shoes, handkerchief, parasol.STATE'S EXHIBIT N.Copy of the minutes of the state Board of Health, found onpages 144-145 thereof, reading as follows:"The President then addressed the Board at length on hisreasons for thinking that the Secretary should be requested toresign, the subjects dealt

Visible Translated Text Is As Follows: against the Secretary by the President of the Board in a report to the Governor, and upon which they are called upon to act, beg to report as follows:-Resolved:- "That the members of the Board present, after carefully considering the charges and all the evidence in its possession, unanimously agree that there have been certain slight irregularities in the conduct of some departments of the laboratories of the State Board of Health, which should be corrected; these irregularities have not been as important in character or result as some of the newspapers have demanded

Visible Translated Text Is As Follows: STATE'S EXHIBIT 2Miss Hattie Hall's testimony before Coroner's inquest, as follows:-"He (Mr. Frank) came to Montag's office and I went to his office. I went to his office after he went to his, somewhere between 10:30 and 11. I didn't notice the clock. Ask to whether I got any financial sheet on Monday, or not, I remember the previous Saturday I was at the pencil factory and I helped him make up the financial sheet. I filled in part of it, I suppose by that he must have got at up. I transferred some

Visible Translated Text Is As Follows: STATE'S EXHIBIT S. Portion of the affidavit made by Lemmie Quinn for Solicitor Dorsey as follows:- "The doors that lead up to the back stairs, after work hours are locked, but this door at the back of my department, the lock had been broken off and we placed a bar across it. The idea of that was to keep employees from the fourth floor going down from that department and ringing out and getting their money before it was ready. Customarily it was closed. That was the purpose. There is no exit from the

Visible Translated Text Is As Follows: stayed. No, he didn't leave before I sup. Yes, I took a nap. He came a little after one and we ate dinner and I laid down and took a considerable nap."STATE'S EXHIBIT NO. 2Portion of testimony of Mrs. Josephine Selig before the Coroner's inquest, as follows:-"As to what Mr. Frank said about this affair, I don't know if he made any reference to it. Mr. Frank had told me I don't remember that he said anything at all about this crime. He probably spoke of it in a general way. He was superintendent

Visible Translated Text Is As Follows: He said he would love me laid down like the night witch did it but that long tall black negro did by hisself.

Visible Translated Text Is As Follows: STATE'S EXHIBIT 2.Note found by policemen in sawdust by side of the body ofMary Phagan, written on yellow paper.CORONA. CROWN CO.37 & 39 SOUTH FORSYTH ST.ATLANTA, GA. 190.PUT THIS ORDER NUMBER ON YOUR BILL. ORDER NO.Bell Phone Main 171.I'm going away to nightto meet my husbandin Atlanta. PeriodI'll write to youlater. PeriodThis is the lasttime I'll writefor a long time.I want to talkto you.(Man that negro fire down here did this I went to makewater and he pushed me down a hole a long tall black mandid this he had it all right while

Visible Translated Text Is As Follows: DEPUTY SHERIFF'S EXHIBIT I.Time slip, dated April 28, taken out of clock by Frank.SOLICITOR DORSEY stated in open court that he had examined this time slip, and on this time slip, he had found the word "Sweat" written. Supposing it to have been written by Frank, he had the time slip taken out of the clock.101 6:31102 7:00103 7:00104 7:00105 7:00106 7:00107 7:00108 7:00109 7:00110 7:00111 7:00112 7:00113 7:00114 7:00115 7:00116 7:00117 7:00118 7:00119 7:00120 7:00121 7:00122 7:00123 7:00124 7:00125 7:00126 7:00127 7:00128 7:00129 7:00130 7:00131 7:00132 7:00133 7:00134 7:00135 7:00136 7:00137 7:00138 7:00139

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 48Packing room reports, being part of data for financial.Form 003-346-12-12NATIONAL PENCIL CO.ATLANTA, GA.DAILY REPORTMondayDept. PackingDept. No. 13264-55 of Pearl 4/6383-37 of Mumford 52 1/2385-35 191 of Pearl 605 7/892-70 of Black 12 1/2688-40 of Mumford 7 1/815-100 of Cedar 1 6 1/210 1/2136 1/2686Date 4/24/12Signed EulaForm 003-346-12-12NATIONAL PENCIL CO.ATLANTA, GA.DAILY REPORTTuesdayDept. PackingDept. No. 13264-55 of Pearl 4/6383-37 of Mumford 52 1/2385-35 191 of Pearl 605 7/892-70 of Black 12 1/2688-40 of Mumford 7 1/815-100 of Cedar 1 6 1/210 1/2136 1/2686Date 4/24/12Signed EulaForm 003-346-12-12NATIONAL PENCIL CO.ATLANTA, GA.DAILY REPORTWednesdayDept. PackingDept. No. 13264-55 of

Visible Translated Text Is As Follows: Form 003-M-28-12-12NATIONAL PENCIL CO.,ATLANTA, GA.DAILY REPORTDept. PackingNo. 1Date FridaySigned Ella91-220 Cardboard 3%87-510 Pencils 2%149-910 Lead 6%12-660 Envelopes 5%111-210 Rubber Bands 1%326-210 Ink Erasers 2%#1920 Gummed Flyers 1%Total 15.6%Form 003-M-28-12-12NATIONAL PENCIL CO.,ATLANTA, GA.DAILY REPORTDept. PackingNo. 13Date FridaySigned Ella91-220 Cardboard 3%197-910 Pencils 3%198-910 Lead 3%12-660 Envelopes 2%111-210 Rubber Bands 1%224-555 Erasers 6%378-135 Pads 9%939-200 Ink 2%939-10 Erasers 3%Total 31.3%Form 003-M-28-12-12NATIONAL PENCIL CO.,ATLANTA, GA.DAILY REPORTDept. PackingNo. 13Date MondaySigned Ella227-430 String 2%89-210 Cardboard 3%91-210 Lead 6%116-210 Rubber Bands 2%125-210 Envelopes 6%91-210 Ink 9%#1920 Gummed Flyers 6%Total 13.6%Form 003-M-28-12-12NATIONAL PENCIL CO.,ATLANTA, GA.DAILY REPORTDept. PackingNo. 13Date TuesdaySigned Ella939-200 Ink Wash

Visible Translated Text Is As Follows: NATIONAL PENCIL CO.,ATLANTA, GA.DAILY REPORTForm 003-M-2a-12.Dept. Packing Dept. No. 1390 - D pencils 42 - 6 1/241 - 210 210 7116 - 210 Comero. Bag 15271 - 950 950 7274 - 0 Unringed 4815 - 0 Ringed 15334 - us Twine 56204 - 89 89 50855 Bundles 115 50136Date 4/24/13 Signed EllaNATIONAL PENCIL CO.,ATLANTA, GA.DAILY REPORTForm 003-M-2a-12.Dept. Packing Dept. No. 13929 - 20 929 34686 - 40 686 54R.C. 54Med. 136Blood 15343Date 4/24/13 Signed EllaNATIONAL PENCIL CO.,ATLANTA, GA.DAILY REPORTForm 003-M-2a-12.Dept. Auto Dept. No. 2504 - 00 59090 - 11 20506 - 30 1030 30

Visible Translated Text Is As Follows: NATIONAL PENCIL CO.,ATLANTA, GA.Form 003-30-12.DAILY REPORTDept. 770Dept. No. 22111 7/0 lead 177 x 1 " 28070 " 13506 " 113 x 2 3/4 9725 " 7010 " 12507 " 216Date 4/24/13 Signed Samuel HDate 4/24/13 Signed Fannie ADEFENDANT'S EXHIBIT 4b (contd.)NATIONAL PENCIL CO.,ATLANTA, GA.Form 003-30-12.DAILY REPORTDept. 770Dept. No. 227/0 lead 37 x 1 " 1070 " 4095 " 47216DEFENDANT'S EXHIBIT 4cDaily report of lead deliveries from lead plant, part of data for financial.1 Box 3992 910/78 127 Gross1 " 3993 - 247 "2 " 3994 - 254 "2 " 3995 - 264 "2 "

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT "40"Report of tip deliveries from tip plant, being part of data for financial:"Weekly report of Metal Dept. #18April 24, 1913.Large hyalet Mach. 804Small " " 440Brazing " 644Knurling " 885Tips delivered#5 850#10 448#12-Redipped 35#17 641,877(Signed) J.A. Quinn

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT B.Abstract (of orders) sheet, being a complete record (beginning with the week ending Jan.16,1913) of the number of orders received each week, classified as to price under different headings, said number being totaled at the end of each week and the average price ascertained. The following is a record of orders for the factory month of April, 1913:WEEK ENDING 4/5/1360ct. 70ct. 80ct. 90ct. $1.00 $1.10 $1.20 $1.30 $1.40 $1.50 $1.60 $1.70 $1.80 $1.90 $2.00Friday 28 159 4/8 30 7/8 3/4 5 33 1/2 20 1/2 15 1/2Saturday 29 1 2/8 30 2

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 6.Value of shipments for week ending April 24, being part ofdata for financial.SHIPMENTS WEEK ENDING 4/24/1318th( 29.57( 27.00( 22.40( 40.00( 124.00( 86.42( 22.59( 17.50( 14.66( 87.00Apr. 18e 400.7519 482.0021 1146.0622 1457.0523 706.6324 1246.0719th( 10.40( 12.80( 17.50( 14.92( 75.04( 45.80( 21.25( 128.10( 51.65( 69.55( 124.00( 17.50( 17.84( 15.07( 75.99( 13.70( 40.65( 14.25( 14.66( 16.67( 10.00( 13.70( 1267.2823rd( 185.70 ( 204.52( 12.04 ( 644.40( 28.98 ( 142.08( 29.13 ( 89.00( 29.80 ( 27.75( 80.00 ( 15.48( 11.5924th( 23.04( 19.45( 14.15( 20.00( 87.70( 5.16

Visible Translated Text Is As Follows: NATIONAL PENCIL CO., Atlanta, Ga.FACTORY RECORDPENCIL STOCKWeek Ending April 27 - 1913DATE 10 EX 20 EX 40 EX 60 EX 80 EX 100 EX 120 EX 144 EX 160 EX 176 EX 192 EX 208 EX 224 EX 240 EX 256 EX 272 EX 288 EX 304 EX 320 EX 336 EX 352 EX 368 EX 384 EX 400 EX 416 EX 432 EX 448 EX 464 EX 480 EX 500 EX TOTALIN STOCKApril 17 294 32 65 42 61 34 10 100 10 94 5794 3 10 2 61 163 5479 64 10

Visible Translated Text Is As Follows: NATIONAL PENCIL CO., ATLANTA, GA.FACTORY RECORDPENCIL STOCKWeek Ending April 21, 1913STATE200X 510X 5150X 5200X 5250X 5300X 5350X 5400X 5450X 5500X 5550X 5600X 5650X 5700X 5750X 5800X 5850X 5900X 5950X 6000X 6050X 6100X 6150X 6200X 6250X 6300X 6350X 6400X 6450X 6500X 6550X 6600X 6650X 6700X 6750X 6800X 6850X 6900X 6950X 7000X 7050X 7100X 7150X 7200X 7250X 7300X 7350X 7400X 7450X 7500X 7550X 7600X 7650X 7700X 7750X 7800X 7850X 7900X 7950X 8000X 8050X 8100X 8150X 8200X 8250X 8300X 8350X 8400X 8450X 8500X 8550X 8600X 8650X 8700X 8750X 8800X 8850X 8900X 8950X 9000X 9050X 9100X 9150X 9200X

Visible Translated Text Is As Follows: NATL. PENCIL Co., Atlanta, Ga.FACTORY RECORDPENCIL STOCKWeek EndingJuly 11, 19131 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 8Eight carbon copies of eight letters, all dated April26, 1913, and addressed toSchroder & Lombard Engraving Co., 18 Franklin St., N. Y.Henry Diston & Sons, Philadelphia, Pa.J. Ellinger Co., 621 Broadway, N. Y.Southern Bargain House, Richmond, Va.American Supply Co., 104-6 Halsey St., Newark, N. J.Jasman Mfg. Co., 124 E. Kinzie St., Chicago, Ill.The Pullman Co., Chicago, Ill.Schroder & Lombard, 18 Franklin St., N. Y.and signed "National Pencil Company, by H. R. Supt."On each letter are the initials "LMF-HR".Each letter acknowledges receipt of letter receivedfrom the addresses and whose names are set forth

Visible Translated Text Is As Follows: A large book containing all of the financial sheets ofthe National Pencil Company, beginning with the week endingNovember 25, 1909, and ending with the week ending April 24,1913. Each of these sheets report the financialoperations of the National Pencil Company for the respectiveweek named thereon, and in form is identical with the sheet ofApril 24, 1913, set forth herein as "Defendant's Exhibit 2".

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 10.a small receipt book containing the following receipts:April 19,1913. Received of National Pencil Co. 15 cents--Kerosene. (Signed) Nute Lee, F.April 21,1913. Received of National Pencil Co. 75 cents--type. (Signed) A.Mann, F.April 21,1913. Received of National Pencil Co. Two dollars,Dray. (Signed) Truman Modkary.April 21,1913. Received of National Pencil Co. $8.50, cases. (Signed) John Glass.April 21,1913. Received of National Pencil Co. 35¢--express--Warner. (Signed) 30, Express Co., F.April 21,1913. Received of National Pencil Co. 50¢--postagestamps. (Signed) A. Mann, F.April 21,1913. Received of National Pencil Co. 25¢--parcelpost. (Signed) A. Mann, F.April 22,1913. Received of National Pencil

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 11.Comparison sheet, 1912-1913, being part of data for financial sheet:Comparison 1912-13Wk ending Apr.24/13(48 hrs) 1912 1913Payroll 1036.15 1052.55Mch.Shop 75 70.00Expense 1551.55 1623.20Matl.Cost 1271.46 1652.56Total expenditures 2856.01 3175.75Net Value Productions 2431.28 3066.31Apparent Results -Deficit 424.79 Def.109.44Value shipments 2523.28 5436.78 2509 gr. 4374 gr.Productions: Net 2152% 2710%Good 454% 700Medium 829 629%Cheap 546 599Jobs 300 791Percent Jobs 14% 29%Remarks 1912 55 hrs. work

Visible Translated Text Is As Follows: Page 56 7 Home Order Book DEFENDANT'S EXHIBIT 12.Salesman Ship to Kind No. Qty State date rec'd how ship Page 57.7187-D.R. E.W. Co. 557 Reg. 24/12 St. Joe, Mo. 4/26/13 at once 4/28/137188-D.R. " 468 " 4/26/13 Peru, Ind. 4/26/13 " " 4/28/137189-D.R. " 455 " 4/26/13 Logansport, Ind. 4/26/13 " " 4/28/137190-D.R. " 458 " 4/26/13 Pekin, Ill. 4/26/13 " " 4/28/137191-D.R. " 425 " 4/26/13 Wilke barre, Pa. 4/26/13 " " 4/28/137192-D.R. " 262 " 4/26/13 Saginaw, Mich. 4/26/13 " " 4/28/137193-Mich. 300 5 210 " 4356-Sault Ste. Marie, Mich. 4/26/13 "

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 13.Model of the National pencil company made by H.Willett.

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 14 to 24 inclusive.Eleven original orders addressed to the National Pencil Co., Atlanta, Ga., signed by the following firms:F.W.Woolworth Co.(Store #65 - Syracuse, Ind." " #7 - Ft. Wayne, Ind." " #25 - Decatur, Ind." " #26 - Wilkesbarre, Pa." " #28 - Saratoga Springs, N.Y." " #104 - Sault Ste. Marie, Mich.Beutel Bros. Co., Dubuque, Iowa.Montag Bros., Atlanta, Ga.John Mager & Co., Chicago, Ill.R.R.Kindell & Co., Cincinnati, Ohio.said orders request the National Pencil Company to ship to said respective firms, at once, certain merchandise (pencils) noted therein. Each of said orders

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 25.Requisition sheet in handwriting of Leo M.Frank as follows:House No. 7197 Date April 26, 1913Salesman D.P. Order No. 4/24/13Bill toNATIONAL PENCIL CO., ATLANTA,MANUFACTURERS GA.Ship to F.W.GO. 617 Felix St.Ship When at once 3t, Joseph, Mo.RemarksSales No. Amount Name or Remarks45x 4 4220x 1/2 #4 1/2280x 1/2 #4 1/2440x 1/2 #5 1/2720x 1/2 W.P. 1/2630x 1/2 1/2910 1/2 1/2908 1/2 1/2430 1/2 1/2240 1/2 1/2O.K. CompleteHGSDate Shipped Complete April 28, 1913SHIPPED COMPLETEApril 28, 19132700.X03

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT NO. 60.Requisition sheet, in handwriting of Leo M. Frank, as follows:House Number7168DateApril 26, 1913SalesmanBill toJ. P. P.Order No.4/22/13NATIONAL PENCIL CO.,MANUFACTURERSATLANTA, GA.Ship toF & W Co.AtTerre Haute,Ship Whenat onceRemarksInd.Sales No. Amount Name or Remarks37 155 246 2180 2165 3920 1910 1April 26, 19131322311CompleteO.K.HdSDateShippedShipmentApril 26, 1913Shipped CompleteApril 26, 19137/6/13

Visible Translated Text Is As Follows: House No. 7129 Date April 26, 1913 Order No. 191Salesman D.P. Order No. 4/26/13Bill to NATIONAL PENCIL CO., ATLANTA, GA.MANUFACTURERSShip to F & W Co. $25 At Logansport, Ind.Ship When At onceRemarks c/o Penna RySales No. Amount Name or Remarks Apr.26,191310 4 457 1 135 1 180 2 2 20 Sub.Pls.45 1 1140 1 1155 1 1660 1 1630 1 1910 1 11008 1 11008 1 1440 1/2 1/2280 1/2 1/2O.K. HGS CompleteDate complete shipmentApr.26,1913SHIPPED COMPLETEApr.26,19138708

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 28.Requisition sheet in handwriting of Leo M. Frank as follows:House No.7190DateApr. 26, 1913191SalesmanD.P.Bill toOrder No.4/26/13NATIONAL PENCIL CO.,MANUFACTURERSATLANTA,GA.Ship toE. W. Hood, 566At347 E. Main St.Ship Whenat onceDeKalb, Ill.RemarksSales No.AmountName or RemarksApr. 26, 1913104420230 sub. Pta.237225522452212022O.K.CompleteHBSDatecompleteshipmentApr. 26, 1913SHIPPED COMPLETEApr. 28, 19132704406

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 20.Requisition sheet in handwriting of Leo M. Frank as follows:House No. 7191 Date Apr. 26, 1913Salesman D.P. Order No. 6/24/13Bill to NATIONAL PENCIL CO., 191MANUFACTURERS ATLANTA, GA.Ship to P. & W. Co. $25 At Wilkes-Barre,Ship When @ Pema Ky PennaRemarks BY ONCESales No. Amount Name or Remarks Apr. 29, 191310 5 535 5 5770 2 2430 5 5640 2 2840 2 2908 1 1280 1/2 1/2280 1/2 1/2280 1/2 1/2440 1 1440 1 1440 1 1720 1 W P 1OK HGS OSCompletedateshipmentApr. 29, 1913SHIPPED COMPLETEApr. 29, 1913

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 30.Requisition sheet in handwriting of Leo M.Frank, as follows:House No. 7198 Date April 5, 1913 191Salesman D.P. Order No.4/24/13Bill to NATIONAL PENCIL CO., MANUFACTURERS ATLANTA, GA.Ship to E.W.J. & Co. / 2000 At Saratoga Springs,When at ONCE N.Y.Remarks: O/D & E.Ry 416-18 BroadwaySales No. Amount Name or Remarks 1/2810 520 5 20 Sub Pkgs.37 136 145 1120 1140 1155 1770 1 #3650 1620 1980 1910 1 980 Sub.950 1420 1220 1 #3280 1 #4840 11000 1/21002 1/2880 1/2 #2280 1/2 #3480 1/2 #5440 1/2720 1/2 W.POK HGS 08SHIPPED COMPLETEAPR 25, 1913

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 21.Requisition sheet in handwriting of Leo M. Frank, as follows:House No.7193Date April 26, 1913 191SalesmanBill to Ma11Order No. 04856NATIONAL PENCIL CO., ATLANTA, GA.MANUFACTURERSShip to 5 & 10c StoreSault Ste. Marie,Ship When August 1stRemarks #104Sales No. Amount Name or Remarks10 1035-37 5 Asstd45 5910 5640 51008 21008 2Best Route to Chicagothen by water

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 52.Requisition sheet in handwriting of Leo M. Frank, as follows:House No. 7194 Date Apr. 26, 1913 Order 191Salesman H.G. Order No. 4/25/13Bill to NATIONAL PENCIL CO., ATLANTA.MANUFACTURERSShip to Earlell Bros. Co. At 619-659 Clay st.Ship When At once Dubuque, IowaRemarks:Sales No. Amount Name or Remarks May 6, 1913480 5 5 ✓210 5 5 ✓55 25 5 ✓20 20 5 ✓30 25 5 ✓O.K. H.G.S. Complete(Shipping ClerkInclude all B.'s with this)datecompleteshipmentMay 6, 1913SHIPPED COMPLETEMay 6, 19132756410

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 53Requisition sheet in handwriting of Leo M. Frank, as follows:House No.7196SalesmanBill toDate - May 26, 1913Order No. 4/26/13NATIONAL PENCIL CO., ATL.MANUFACTURERSShip to Montag Bros.Ship When at onceAt Atlanta, Ga.Remarks:Sales No. Amount Name or Remarks May 26, 1913136x 50 Blks. sub. 55 gro. pts. 501900 10 added 4/29 81920 10 Transferred 51840 10 10R910 10 1040x 50 added 5/6/13 50480x 2 2420x 10 5/26/13 10O.K.HGSC.B.BookFILE BMay 6, 1913May 26, 1913

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 34.Requisition sheet in handwriting of Leo M.Frank, as follows:House No. 7196 Date April 26, 1913 191Salesman Bill toNATIONAL PENCIL CO., ATLANTA,MANUFACTURERSShip to John Magnus Co. At 1055 W. 35th St.Ship When at onceRemarks: Chicago, Ill.Sales No. Amount Name or Remarks Date, 26, 1913156x 25 25O.K.HGSCareful selection of goods.CompleteDatecompleteshipmentApr. 26, 1913SHIPPED COMPLETEApr. 26, 19132698

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 35.Requisition sheet in handwriting of Leo M. Frank, as follows:House No.7197Date. Apr. 26, 1913.SalesmanBill to H.G. 191NATIONAL PENCIL CO., Order No. 4/24/13MANUFACTURERS ATLANTA.Ship to R. P. Kindle & Co. At 512 Plum St.,Ship When at once Cincinnati, OhioRemarks:Sales No. Amount Name or Remarks160x 3p. 50 F.O. 154 51 1/2no stampHoldCANCELLED6/17/13643

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 36.STATEMENT OF JAMES CONLEY MADE TO JOHN R.BLACK AND H. SCOTT AT POLICE BARRACKS, ATLANTA, GA., SUNDAY, MAY 18, 1913.My full name is James Conley. I reside 152 Rhodes St. with Lorine Jones, who claims to be from Cartersville, Ga. This woman is not my wife, and I have been living with her for a little over two years. I have been having intercourse with Lorine Jones. I have been employed as elevator man and roustabout at the National Pencil Co. factory in Atlanta for the past two years. Before going to

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

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

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

Visible Translated Text Is As Follows: I said "I got too hot in there," and he said "yes, I see you are sweating", when he opened the door I usually stop and jerking his eyes were looking larger than they had looked before, and he said to me "You go back to the office and get that box and bring it to me" I told him all right, and then I went on up the stairway to the office and I got the box off the shelf and went back to the front door and then Mr. Frank said to

Visible Translated Text Is As Follows: Said "Well is that all you want for good Mr. Frank" and he said "Yes" and I saw him write down a white and a brownish looking scratch pad, she one I was on was a white one, his book and pad and I saw him take out a brownish looking one from his desk and looked at it, I took his pencil and made a mark on it, I took it to be an "M" but he shut the tablet up and looked at me and told me that was all he wanted

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

Visible Translated Text Is As Follows: get a piece of cloth, and I got a big wide piece of cloth andcome back there to the men's toilet where she was, and I tied herup, and I taken her and brought her up there to a little dressingroom, carrying her on my right shoulder, and she got too heavyfor me, and she slipped off my shoulder and fell on the floor rightthere and her hands and room and I hollered for Mr. Frank to comecome down there and told him the girl was too heavy for me, and Mr. Frankcome down

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

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

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

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

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

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

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

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

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

Visible Translated Text Is As Follows: O O O 7-75SidePantryCupboardSuppaDining RoomSideboardFireplaceTableKitchenRangeTableLampTo BasementRear PorchParlorReception RoomTelephone

Visible Translated Text Is As Follows: O O O 7 3 7 6FULTON BAGMURDER OF MARY PHAGAN

Visible Translated Text Is As Follows: 0000-07-77

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 61.Plat of the basement, first floor and second floor ofthe National Pencil Company factory.STORE ROOMSTORE ROOMENTRANCEFIRST FLOORNATIONAL PENCIL CO.

Visible Translated Text Is As Follows: NATIONAL PENCIL CO.FIRST FLOORSTORE ROOMSTORE ROOMENTRANCECLOCKSTRAP DOORTRAP DOORSECOND FLOORPACKING ROOMLANDINGPAY WINDOWOFFICEBREAKER BOXMOTOR BOXBOX RACKCLOCKSLADIES TOILETWASHCLOAKMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHMACHM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Visible Translated Text Is As Follows: NATIONAL BASEMENT PLANELEVATOR SHAFTSTORE ROOMFIRST FLOOR PLANENTRANCESTORE ROOMBoilerDUST BINChuteTrap DoorTrap DoorAsh Pit42'-0"50'-0"96'-0"

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

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

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

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

Visible Translated Text Is As Follows: DEFENDANT'S EXHIBIT 90.Testimony of Newt Lee before the coroner's inquest as follows:"The (Mr. Gantt) says 'I would like to get them(shoes) because I got to go to work Monday.' I says 'All right, but let you in there unless Mr. Frank says so. He says 'Is Mr. Frank there?' I says, yes if you want me I will go up and ask him. By that time Mr. Frank comes down and runs right into Mr. Gantt, standing in the front door and he looked like he was frightened. I saw Mr. Frank was scared,

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

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

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

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

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

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

Visible Translated Text Is As Follows: plained about, it is an absolute impossibility for the best sheriffin the world or the best trained deputy to know exactly what isgoing on at any and all times or any reasonable part of the time;that the keys to practically all of the cell blocks are carriedby "convicted criminals" known as "trusties", who turn in and outparties entering or leaving cell blocks, and while they have gen-eral instructions covering their duties, it is an impossibility forthe inside deputy to know whether or not he is discharging his dutyproperly at all times; that there is

Visible Translated Text Is As Follows: the State there was necessity for same.Wherefore this Respondent agrees to the passage of an order revoking former orders in this case, and waives his presence at the Court, upon a hearing of same. (signed) Wm. I. Smith,Attorney for James Conley.Georgia, Fulton County,Personally appeared before me, the undersigned attesting officer, James Conley, who after being duly sworn deposes and swears that the facts set out in the within and foregoing response are true as he is informed and believes, and whereof derived from the information of others. (signed) James ConleySworn to and subscribed before

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

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

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

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

Visible Translated Text Is As Follows: No. 1810852Criminal DocketTerm HOSUPREME COURT OF GEORGIAFultonTHE STATETRANSCRIPT OF RECORDNOV 15 1913Filed in officeW. D. Valley, C

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

Visible Translated Text Is As Follows: testimony was offered that the same was irrelevant, illegal and incompetent, to testify substantially as follows: "The ladies' dressing room on the second floor with Leo M. Frank, some time was in the evening and sometimes in the morning, working hours, saw them come in and saw them come out during working hours.""The court permitted this testimony to go to the jury over the objection of the defendant made as aforesaid and in doing so committed error. The court stated that this evidence was committed to dispute the witnesses they had called."It was wholly

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

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

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

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