Author: Historical Librarian


1491 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: said paper, which was introduced on the trial of the originalcase, said Conley said, responding to said rule:"11. Respondent shows that through no fault of the CountySheriff, a sufficient inside force of guards has been providedby the County Authorities, only one man being paid by theCounty to guard twenty cell blocks distributed in twenty wingsand over five floors; that it is a physical impossibility forthis one man to keep up or even know what is transpiring on fivedifferent floors, or twenty separate immense wall and steelblocks, distributed through a large building; that with thisinadequate

1492 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: whose presence was not requested or desired; that among those visitors was one whom this Respondent has every reason to believe was working in the interest of the defendant; that this party presented Respondent with sandwiches which this Respondent did not eat, that this same party also offered to present Respondent with whiskey; that Deponent was threatened with physical harm while in the County prison to the extent of the possibility of taking his life; that he was denounced as a liar, relative to his testimony in this case; and this Respondent is sure

1493 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: this court a judgment overruling and denying this application for a new trial, because the State insists that if the transaction referred to in this amendment was true of belief, there would be no occasion or necessity for the said Annie Maud Carter to be spirited away and beyond the jurisdiction of the Court, as the State is informed and believes said Annie Maud Carter to be, and rendered inaccessible to the officers.That the contention of the movant, Leo M. Frank, is false is furthermore shown by a statement in the part of the

1494 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: REPLY TO FIFTH AMENDMENT TO EXTRAORDINARY MOTION FOR NEW TRIAL.oooooooooSTATE OF GEORGIA,Va.Leo M. Frank.(1). No. 9410.( ). Fulton Superior Court.( ). Extraordinary Motion for New( ). Trial.State of Georgia, responding to the fifth amendment to the extraordinary motion for new trial, as allowed on May 1, 1914, says:1. With reference to the alleged newly discovered evidence disclosed in affidavit of Georgia Denham, the State says:The contention of the State was that Conley had assisted Leo M. Frank in removing the body. Even if it should be conceded that the said Conley had blood on

1495 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: evidence shows that said Holloway was thoroughly in sympathy with the defendant, and hence the State insists that the affidavit of said Georgia Denham is shown by the record, through the mouth of Holloway, who was really in sympathy with the defendant, to be false. As a matter of fact, the State says that there was never any blood on said Conley's shirt. If there had been, said Georgia Denham would have immediately, being herself an employee of the Pencil Company's factory, have made such fact known.Referring to the contention by the defendant Frank

1496 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: The State insists that this Fifth amendment does not containa single extraordinary situation such as is contemplated by lawshould exist before the solemn adjudication of a court and juryshould be set aside. However, the State denies the truth of eachand all of the contentions as set out in this Fifth amendment,and says that the manner in which the same is shown to havebeen obtained, together with the length of time elapsing sincethe murder, all go to show that the claims are false.Wherefore, the State submits that under no circumstancesshould a new trial be awarded

1498 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: STATE OF GEORGIA,County of Fulton.I Hereby Certify, That the foregoing pages, hereunto attached, contain a trueTranscript of such parts of the record as are specified in the Bill of Exceptions andrequired, by the order of the Presiding Judge, to be sent to theSupreme Court in the case ofLeo M. FrankPlaintiff in Error.vsThe State of GeorgiaDefendant in Error.Inexhaustible to have evidence that theprosecution in the trial was conductedon account of the legal and moralresponsibility to bring the paperssaid thousandsWitness my signature and the seal of Court affixedthis the 20 day of June 1914(Signature)Clerk Superior Court,

20 PEOPLE,, Sworn In For The Defendant From Misses Corintha Hall To A. C. Holloway, 150th To Testify

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MISSES CORINTHA HALL, ANNIE HOWEL, LILLLIE M. GOODMAN, Velma Hayes, JENNIE MAYFIELD, IDA HOLMES, WILLIE HATCHETT, MARY HATCHETT, MINNIE SMITH, MAJORIE Mc CORD, LENA Mc MURTY, MRS. W. R. JOHNSON, MRS. S. A. WILSON, MRS. GEORGIA DENHAM, MRS. L. O. JONES, MISS ZILLA SPIVEY, CHARLES LEE, N. V. DARLEY, F. ZIGANKI, AND A. C. HOLLOWAY, all sworn for the defendant, testified that they were employees of the National Pencil Company and knew Leo M. Frank, and that his general character was good.20 PEOPLE,, Sworn In For The Defendant From Misses Corintha Hall To A. C. Holloway, 150th To Testify

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

Here is the translated text as follows:118 X. AMERICAN STATE TRIALS.When persons confederate and engage in a common design, the act of one is the act of all. If a blow is given, the blow of one is the blow of all. This law has been recognized by our Supreme Court on several occasions, and recently in the case of *State v. Jennings*, reported in 18 Mo. 435.January 31.Mr. Bay: At the adjournment of the court last evening, gentlemen of the jury, I had closed my remarks with respect to the first proposition contended for by the counsel for the

1501 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: LEO M. FRANKVS.STATE OF GEORGIAREHEARING MOTION FOR NEW TRIALFROM CONVICTION OF MURDERIN FULTON SUPERIOR COURT.INDEX TO BILL OF EXCEPTIONSINDEX TO BILL OF EXCEPTIONS PRESENTED BY ATTORNEYS FOR PLAINTIFF IN ERRORMOVANT'S EVIDENCE, Pages 1-60.STATE'S EVIDENCE, Pages 61-285.MOVANT'S EVIDENCE IN REBUTTAL, Pages 284-264.11/19/14 Frank v StateWITNESSESADKINS, J. A. (State), Page 140.ALEXANDER, H. A. (Movant), Pages 72, 73, 164.ALLEN, AARON (State), Page 157.ALLEN, KATE (State), Page 157.AMENDMENT, FIRST, TO MOTION NEW TRIAL, Page 56.AMENDMENT, SECOND, Page 56.AMENDMENT, THIRD, Page 61.AMENDMENT, FOURTH, Page 65.AMENDMENT, FIFTH, Page 132.AMENDMENT, FIRST, STATE'S EVIDENCE, Page 182.AMENDMENT, SECOND, STATE'S EVIDENCE, Page 141.AMENDMENT, THIRD,

1502 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: ARMSTRONG, MRS. L. L. (State), Page 62.ARNOLD, HELL (State), Page 131.ARNOLD, REUBEN, ET AL. (Movant), Page 37.BAGHIAN, PROF. G. A. (Movant), Page 6.BAILEY, MRS. MAUD (Movant), Page 56.BAKER, HARRY (State), Page 141.BARRETT, MRS. MAY (Movant), Page 60.BARRETT, R. P. (State - transcript evidence cited), Page 186.BARRETT, R. P. (State), Page 204.BECKER, H. W. (Movant), Page 30.BERNARD, B. (Movant), Page 254.BLACK, JNO. R. (Movant), Page 10.BLACK, JNO. R. (State), Pages 62, 94, 202.BOOZER, J. W. (Movant), Page 56.BOYD, W. W. (State), Page 92.BRANCH, HARLIS (Movant), Page 6.BRANDON, MORRIS ET AL. (Movant), Page 37.BRANDON, MORRIS (Movant

1503 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: DAIBON, G. BURTS (movant), Page 27.DABON, G. B. (State), Page 115.DARLEY, H. V. (movant - explaining wage order blanks), Page 32.DARLEY, H. V. (State), Pages 65, 66.DENHAM, MRS. GEORGIA (movant), Pages 65, 66.DENHAM, MRS. GEORGIA (movant-rebuttal), Page 237.DEWISOR, AUSTIN G. (State), Page 120.DEVORE, R. A. (State), Page 120.DOCUMENTARY EVIDENCE (State - indictment), Page 221.DONALDSON, J. Y. (State), Page 154.DOYAL, J. H. (State), Page 130.DUFFY, J. B. (movant), Page 34.DUFFY, J. E. (State), Page 120.DUFFY, J. E. (State), Page 130.DUNCAN, S. L. (State), Page 146.DARNELL, FLORENCE (State), Page 136.REYNOLDS, MRS. MAMIE (movant), Page 24.REYNOLDS, MRS.

1504 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: GANTT, J. H. (State), Page 119.GARNER, H. A. (State), Pages 96,129,130,203,206,223.GIRBSLIN, W. A. (State), Page 81.GILLESPIE, WILLIS J. (State), Page 149.GOODWIN, DAN M. (State), Page 209.GRAHAM, C. J. (State), Page 164.GROUND 1, MOTION NEW TRIAL, Page 1.GROUND 2, Page 12.GROUND 3, Page 12.GROUND 4, Page 13.GROUND 5, Page 14.GROUND 6, Page 19.GROUND 7, Page 19.GROUND 8, Page 21.GROUND 9, Page 24.GROUND 10, Page 25.GROUND 11, Page 26.GROUND 12, Page 27.GROUND 13, Page 30.GROUND 14, Page 33.GROUND 15, Page 34.GROUND 16, Page 34.GROUND 17, Page 36.GROUND 18, Page 61.GROUND 1, STATE'S EVIDENCE, Page 84.GROUND 4,

1505 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: GROUND 1, (Movant - rebuttal), Page 224.GROUND 2, Page 224.GROUND 3, Page 224.GROUND 5, Page 225.GROUND 9, Page 236.GROUND 10, Page 240.GROUND 11, Page 241.GROUND 13, Page 242.GROUND 14, Page 243.GROUND 14½, Page 245.GROUND 15, Page 247.GROUND 16, Page 248.GROUND 17, Page 248.GUNTER, KAGGIE (State), Page 153.HAAS, H. J. ET AL. (Movant), Page 57.HAAS, H. J. (Movant - rebuttal), Page 233.HAAS, LEONARD (Movant - rebuttal), Pages 11,51,78.HARRIS, H. F. (Movant - affidavit presented to but not signed), Page 2.HARRIS, DR. H. F. (Movant), Page 7.HARRIS, DR. H. F. (Movant - rebuttal), Page 224.HARRIS, JACOB

1506 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: JEFFERSON, MRS. GEORGE W. (State), Page 212.JONES, IVY (Movant), Page 33.JONES, IVY (State), Page 125.KARST, MARIE (Movant), Page 25.KARST, MARIE (State), Pages 106, 107.KENNEDY, MISS MAGNOLIA (State - transcript testimony at), Page 174.KNIGHT, J. O. (Movant - rebuttal), Pages 284, 287, 242.LAFFEN, MRS. CORA L. (Movant), Pages 34, 66.LANEY, W. J. (State), Page 172.LATIMER, W. CARROLL (ALEXANDER & HAS) (Movant), Page 78.LEKOFP, MAIER (Movant), Page 17.LEHON, DAN S. (State), Page 191.LEHON, DAN S. (Movant - rebuttal), Pages 226, 226, 241, 242, 242, 246.LYNN, FRED (Movant), Page 230.LACINTYRE, DAN, JR. (Movant - rebuttal), Page 229.LACINTYRE,

1507 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: PAZB, PROF. J. H. (Hovant), Page 6.PAPPENHEIMER, OSCAR (Hovant), Page 4.PATRICK, G. W. ET AL. (Booser) (Hovant), Page 47.PERKERSON, FRED (State), Page 210.PERRY, EUGENE (State), Page 124.PETTIS, NELLIE (State), Pages 110, 111.PHILLIPS, JR., CHARLES (State), Page 92.PHILLIPS, JR., CHARLES D. (Hovant - rebuttal), Page 225.PICKETT, E. H. (State), Page 90.PINK, MARY ET AL. (Hovant), Page 60.PUCKETT, O. H. (State), Page 126.QUINN, H. H. (State), Page 126.QUINN, W. T. (State), Page 140.QUINN, LILLIE (Hovant - rebuttal), Page 241.REBUTTAL OF HUSBAND OF HOVANT, Page 224.REESB, FRANK (State), Page 146.RICH, MARY (Col.) (Hovant), Page 26.RICH, MARY (State),

1508 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: SMITH, ORSON ET AL., (Ennis) (Movant), Page 80.STALLINGS, DR. RUSSELL D. (State), Page 140.STARNES, J. H. (State), Page 118.STATE'S COUNTER SHOWING, Page 81.STELKER, JOSEPH (Movant), Page 24.STELKER, JOSEPH (Movant - rebuttal), Page 246.STEVENS, G. A. K. (Affidavit as to Harris' refusal to sign affidavit) (Movant), Page 3.STOVER, MONTEEN (State), Page 216.TRIBLEBAUM, S. L. (Movant), Pages 20, 17, 79.TESTIMONY INTRODUCED BY MOVANT IN REBUTTAL, Page 224.THOMAS, E. D. (Movant), Page 225.THOMPSON, JOB (Movant), Page 231.WAGGONER, ROBERT L. (State), Page 130.WAITS, JAMES H. (State), Page 125.WAITS, MRS. HATTIE (State), Page 125.WELLBORN, F. J. (State), Page 113.WHITE,

1509 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: GILBERT, Y. J. (A. L. Carter) (State), Page 149.GRAHAM, C. J. (A. L. Carter) (State), Page 154.GUNNER, MAGGIE (A. L. Carter) (State), Page 153.HARDIN, DR. L. SAGE (Repes) (Repes), Page 10.HARRIS, JACOB (Carter) (State), Page 163.HERMAN, JOSEPH (Leiser Loeb) (Loewent), Page 19.HOLLOWAY, R. P. (Rayfield) (Loewent), Page 12.HOLLOWAY, R. P. ET AL. (A. L. Carter) (Loewent), Page 14.HOLT, H. H. (Bailey and Barrett) (State), Page 150.JACKSON, E. (A. L. Carter) (State), Page 166.JACOBS, J. (Loewent), Page 64.JAHNER, J. CARROLL ET AL. (Loewent) (Loewent), Page 76.MOORED, MARGORIE ET AL. (Loewent) (Loewent), Page 34.MONTAG, SIG ET

39 PEOPLE,, Sworn In For The Defendant From D I Macintyre To Nathan Coplan, 151st To Testify

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D. I. MACINTYRE, B. WILDAJER, MRS. DAN KLEIN, ALEX DITTLER, DR. J. E. SOMERFIELD, F. G. SCHIFF, ALL. GUTRAN, JOSEPH GERSHON, PL. D. MCCARLEY, MRS. H. W. MEYER; MRS. DAVID MARX, MRS. A. I. HARRIS, M. S. RICH, L. H. ROSS, MRS. L. H. ROSS, MRS. JOSEPH BROWN, M. M. FITZPATRICK, EMIL DITTMER, WM. BAUER, MISS. HELEN LOBB, AL. FOX, MRS. MARTIN MAY, JULIAN V. BOMHM, MRS. MOLLIE HOSBERG, M. H. SILVERMAN, MRS. M. L. STERN, CHAS. ADLER, MRS. R. A. SOMH, MISS RAY KLEIN, A. J. JONES, L. MISTAIN, J. BERHARD, J. FOX, MARCUS LOEB, FRED, HILLBRON, A. C.

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

Here is the translated text as follows:EDWARD D. WORRELL. 119In any arson, rape, robbery, burglary, or other felony, the first and second class express malice is essential and forms a necessary ingredient in the offense, while in the third class it is not supposed to exist. If A breaks into the store of B at night with no other intent than to appropriate to himself the goods of B, and B enters and discovers him in the act and attempts to do him bodily harm, and A, to protect himself, kills B, this is murder in the first degree because

1510 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1511 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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Visible Translated Text Is As Follows: MCKNIGHT, MINOLA (Albert McKnight) (Movant - rebuttal), Page 227MEYER, MRS. MAX (Mrs. Rachel Harris Miller) (Movant), Page 18MIOR, JOHN (Albert Minter) (Movant - rebuttal), Page 235PHILLIPS, CHAS. T. JR., (Mayfield), Page 235QUIN, L. A. ET AL. (Mayfield) (Movant), Page 12QUIN, L. A. ET AL. (Falata) (Movant), Page 13QUIN, LILLIE (Marie Karst) (Movant - rebuttal), Page 241SCHWAB, OTTO ET AL. (Bailey & Barrett), Page 260SCHIFF, H. G. ET AL. (Marie Karst) (Movant), Page 26SCHIFF, H. G. ET AL. (J. H. E. Booker), Page 31SCHIFF ET AL. (Falata and Mayfield) (rebuttal), Page 225SMITH, ORSCH ET AL.

1513 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: STATE OF GEORGIAVS.LEO M. FRANK.EXTRAORDINARY MOTION FOR NEW TRIALFROM CONVICTION OF MURDERIN FULTON SUPERIOR COURT.BILL OF EXCEPTIONS.Be it remembered that at the March Term, 1914, of Fulton Superior Court there came on to be heard the case of the State of Georgia, vs. Leo M. Frank, the same being an extraordinary motion for new trial on behalf of said Frank from conviction of murder rendered at the July Term, 1913, of Fulton Superior Court.A motion for new trial had been made during the July Term, 1913, and had been thereafter overruled. To the judgment

1514 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: 22nd day of April, 1914, which was during the March Term, of the said Atlanta Circuit.Upon the hearing of said extraordinary motion for new trial, movant filed certain amendments, which were duly allowed and which are of record in the case.Upon the hearing of said extraordinary motion, the following evidence was introduced:GROUND 1.J. E. EPPER sworn for the movant. On April 2, 1914, I had a conversation with Dr. H. F. Harris at the latter's office, in Atlanta, Fulton County, Georgia, concerning an affidavit from the aforesaid Dr. Harris touching his knowledge of certain

1515 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: sign were correctly set forth and that the same were true in every particular, but that he would not sign the same without the addition of the paragraph above referred to because the matter was going into the hands of counsel for the defense in this case.The affidavit presented to the above mentioned Dr.Harris and which he was requested to sign under oath, and which had been prepared in accordance with the penciled memorandum made by the said Dr. Harris and the truth of which he admitted is hereto attached and marked Exhibit "A".EXHIBIT

1516 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: of Solicitor Dorsey, he obtained some of the girl's hair when the body was examined, to compare with the hair said to have been found on the lathe handle and which was given affiant by one of Mr.Dorsey's assistants. Affiant states that the conclusions of hair taken from the head of Mary Phagan when compared with the specimens given him appeared somewhat different as to color, but on microsoope examination, and his impression was that the two specimens of hair were not from the same person.Affiant states that he reported the foregoing views to

1517 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: Form, even though it be the truth, he stated that he would not do so because it was going into the hands of Messrs. Rosser and Arnold, counsel for Leo M. Frank.OSCAR PAPPENHEIMER, Sworn for the Movant. He has been a stockholder in the National Pencil Company for a considerable period of time. Sometime after witness read in the papers that Dr. Harris had exhumed the body of Mary Phagan he called on Dr. Harris, who lives next door to witness, and with whom witness was on most friendly terms. Being interested in the

1518 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: in the basement of the Capitol Building. He went there and foundMr.Dorsey there and talked with him for a few minutes. He also sawDr.Harris and Mr.Dorsey there. After completing his interview ofa few minutes with Mr.Dorsey, he became interested in some experi-ments that were being conducted, a friend and neighbor of his, Dr.Fort, being engaged with Dr. Patillo, also a friend of his, incertain experiments that were then being conducted. A portion ofthe time, he was engaged in eating some watermelon, his friend,Dr Patillo had given him. Dr. Harris, Dr. Dorsey and the Solici-tor

1519 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: be alike, but the details of these variants were not discussed in witness's presence. It was stated, however, that it was the opinion of Dr. Harris from this comparison of hairs that the hair found on the lathe was not Mary Phagan's. His best recollection is that Dr. Harris so expressed himself, but he could not say positively.HARLEE BRANCH, sworn for the Movant. I am a reporter on the "Atlanta Journal." On February 20, 1914, I interviewed Dr. H.F. Harris, with reference to his examination of certain hair, said to have been found on

MRS M W CARSON, MARY PIRK, MRS DORA SMALL, MISS JULIA FUSS, R P BUTLER, JOE STELKER,, Sworn In For The Defendant, 152nd To Testify

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MRS. M. W. CARSON, MARY PIRK, MRS. DORA SMALL, MISS JULIA FUSS, R.P. BUTLER, JOE STELKER, all sworn for the defendant, testified that they were employees of the National Pencil Company; that they know Leo M. Frank and that his general character is good.MRS M W CARSON, MARY PIRK, MRS DORA SMALL, MISS JULIA FUSS, R P BUTLER, JOE STELKER,, Sworn In For The Defendant, 152nd To Testify

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

Here is the translated text as follows:120 X. AMERICAN STATE TRIALS.In its legal sense, the term "malice" signifies an evil design in general, a wicked and corrupt motive, an intention to do evil. Blackstone, in his Commentaries, states, "That it is the dictate of a wicked, depraved, and malignant heart." Russell, in his "Treatise on Crimes" (vol. 2, p. 482), explains, "It is not to be understood merely in the sense of a principle of malevolence to particulars, but as meaning that the fact has been attended with such circumstances as are the ordinary symptoms of a wicked, depraved, and

1520 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1521 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: from 50 to 100 sections in all. These tests were made shortly after my examination of Mary Phagan's body. I do not recall any conversation with Dr. Dorsey respecting the hair. It is possible these specimens of hair were returned to Mr. Dorsey after the trial. Professor G.Bachman and Professor J.W.Papez, sworn for the Movant. We have made a study of the subject of scalp hair and as to whether hair from the scalp or any part may be identified as such. The hair is divided into two parts, the root and the shaft.

1522 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: or to the heir. The pigment occurs in two forms. (1) The solution throughout the cortical substance; (2) in granules varying in size arrangement and depth of color. The granules are located within and between the cells of the cortex. The layer surrounding the cortex and forming the external covering of the hair shaft is called the outicle. It is the thinnest of the three layers, is glassy in appearance, and free from pigment. It consists of a layer exceedingly thin, scale-like cells that overlap one another like the shingles of a roof giving

1523 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: hair as shown under the microscope, nor is there any change in the texture of the hair and in the amount and distribution of its pigment. The apparent lightening of the hair which occurs after washing and is visible to the naked eye is due to the removal of dust and of the oil which covers the hair and which mats it together in a more or less compact mass, but under the microscope there is no change in the color of each individual hair. Some of our associates are Dr.C.H.Strother, Dr.W.F.Westmoreland and Dr.

1524 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: E. F. CRUSSELLE, Sworn for the Movant.I am a court reporter and reported part of the testimony of Dr. H. F. Harris, at the trial of Leo M. Frank during the month of August, 1913, in Fulton Superior Court; the following testimony is a portion of the testimony of Dr.Harris , which I reported, and which a pears on pages 1481 and 1482 of the stenographic record of the testimony in said cause.Q.Doctor,when did Mr.Dorsey first talk with yo: about making this autopsy? A. I dont recall.Q. How long before you made the examination

1525 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: or 50 feet from Mary Phagan's machine, on the north side of the room. They were ground on the outside. I don't think there were over six or eight of them. I was witness for the defendant. "Witness Negronla Kennedy, a witness for the defense, corroborated Barrett when she says (p.168) 'On Monday, April 28th, Mr.Barrett called my attention to the hair which he found on the machine. It looked like Mary's hair. . . Mary's hair was a light brown, kind of sandy color.' "This hair and blood spot - to be discussed

1526 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: at the National Pencil Company in the city for almost five years past. I am acquainted with Mr. Leo M. Frank, also Mr. N. E. Barrett and knew Mary Phagan quite well and knew the color of her hair. On Monday, April 28th, I was at the National Pencil Company Factory and Magnolia Kennedy called my attention to the hair on a certain machine that N. E. Barrett was alleged to have found there. At that time I gave it as my positive opinion that the hair on the machine was not that of

1527 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: light to be the hair of Mary Phagan. Attested by Geo. BurkeE.F.HOLLOWAY, L.A.QUINN, GRACE HIX, MARY PIRK, Sworn for the movant. We are acquainted with Miss Alice Marjorie MoCord; that said Alice Marjorie MoCord was well acquainted with Mary Phagan during her lifetime. She could well know the color of Mary Phagan's hair and she was in a position by reason of seeing the hair claimed to have been found by the witness Barrett upon the second floor of the factory, to determine whether the hair found by Barrett looked like the hair of

1528 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: R.L.Graven is not the truth, and that the evidence I gave at the above named trial was not the truth. It is true that my wife, Minola, was employed at the home of Mrs.Selig, where Mr.Leo M.Frank resided, and it is true that on Saturday, April 26th,1913, I called at the Selig home to see my wife, Minola, but I reached the Selig home on the date in question a little before twelve o'clock noon, and I heard the twelve o'clock whistle blow at the Southern Railway shops after I reached the Selig home

1529 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: ing this statement, or at the trial of Mr.Frank, I will testifyto all stated by me in this affidavit, mly because it is thetruth, and I further state that I gave talked with no one aboutthe case, and my evidence in the case referred to in this affidavit,except C.W.Burke, who has plainly stated to me that he represents thefirm of Rosser, Brandon, Slaton & Phillips, in the interest of Mr.Leo M. Frank, and Mr.Burke has made me no promises whatsoever, orheld out any offers of reward, and the evidence I give hereinis made of

7 PEOPLE, Sworn In For The State From J R Floyd To Lem Smith, 153rd To Testify

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J. R. FLOYD, R. M. GODDARD, A. L. GODDARD, N. J. BALLARD, HENRY CARR, J. S. RICE, LEM SMITH, all sworn for the State, testified that they knew Daisy Hopkins; that her general character for truth and veracity was bad and that they would not believe her on oath. J. R. Floyd testified that he heard Daisy Hopkins talk about Frank and said there was a cot in the basement.7 PEOPLE, Sworn In For The State From J R Floyd To Lem Smith, 153rd To Testify

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

Here is the translated text as follows:EDWARD D. WORRELL. 121If a private person endeavors to suppress an affray or apprehend a felon, and another person, knowing his authority or the intention with which he interposes, kills him, the law will imply malice. Similarly, if one shoots at A and misses him but kills B, the law implies malice, even though it is evident that he had no malice against B and did not intend to do him any bodily harm. Likewise, if one gives a woman with child a medicine to procure abortion, and it operates so violently as to

1530 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1531 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: Broad at 1:10, and yet here is the paper containing your admission made in the presence of your attorney, Monday morning, April 28th, that you didn't leave the factory until 1:10.Gentlemen, talk to me about sad spectacles, but oh!the sad spectacles that I have witnessed through one that don't know who did it, I don't know in ignorance of who did it, but I know so my grave Curran girl, the daughter of a man that works for Montag, in the case this to prove this for this red-handed murderer, who killed that little

1532 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: and some of her associates are Miss Dollie Evans, Atlanta, Ga., Miss Hattie Phillips, Atlanta, Ga. Mrs. Ethel Harris Miller is a person of good moral character and credibility, and we would believe her on oath.B. W. WIDAUER, Sworn for the Movant. I am personally acquainted with Major LeKoff and have known him since his birth. His character for truth and veracity is good. Said LeKoff's associates are, among others, Joe Weinberg, Ike Eplan, Sam Hirswits, Ike Hirswits, Joe Hermann, Sam Simplican and S. B. Edison.MRS. M. MEYER, Sworn for the Movant. I and

1533 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: stand to testify. Before I went on the stand, Solicitor Dorsey came into the room where the girls were confined and gave us all a lecture and told us that when we went on the stand to go right ahead and tell everything we knew and answer his questions right off sharp and quick. While the girls before mentioned were crowded in said room, a great deal of talk and gossip going on among them, and many of them said they were afraid to go on the stand and testify to an untruth and

1534 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: RUTH ROBERSON, Sworn for the Movant. I was a witness in the case of the People against Leo M. Frank, and on the morning of the day that I testified in the case a police detective whose name I believe to be Bass, whose name was Bass, came to my house and conducted me to the office of Solicitor Dorsey. This was my first meeting with Mr. Dorsey. The meeting was in a room in a building that I believe is opposite, or in the vicinity of the building in which the trial was

1535 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: location of such room or place in the factory, and that I knew of other girls that had been to this room with Mr. Frank. I was shocked by the broad insinuation and affirmative statement of Mr. Dorsey, and I told him that all such statements and allusions were lies, and that I had never heard of any such thing ever occurring in the factory, or elsewhere, as to Mr. Frank and any girl employee of the factory were parties to; and-I state now after mature deliberation and thought, that I have never heard

1536 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: until about twelve o'clock when I went to the courthouse and took the witness stand. Before Mr. Dorsey went over to the courthouse, he came into the room where the girls above described and I, myself, were, and gave us a lecture and told us all that when we went on the stand to go right ahead and tell everything we knew and answer his questions right off sharp. After the lecture I didn't see Mr. Dorsey again until I went on the witness stand at the courthouse. While remaining in the large room

1537 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: heard Maggie Griffin tell her what to say. I don't believe either one of these girls appreciated what it was to swear falsely, as they were giggling and laughing over the evidence they were to give when they went on the witness stand.JOS. SPERKER, FRED ZITMAN, EULA FLOWERS, LEONARDJACOBUS, Sworn for the Movant. We are acquainted with Miss Ruth Robertson, and her residence is in the City of Atlanta. She could have knowledge of the facts testified to by her by reason of the fact that she had been an employee of the factory,

1538 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: and at this point, I said that Mr.Frank shut the door and disappeared. When I was on the witness stand I only answered such questions as were put to me by the Solicitor General or by counsel for Frank. If I had been permitted to tell the facts in my own way I would have told them exactly as I am telling them now. When Mr. Frank opened the dressing room door and looked in and asked the girls if they did not have any work to do, none of them were in an

1539 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: unbecoming to a lady. I was brought into the case against Mr.Frank by detective Bass Rosser and was subpoenaed to the officeof Mr.Dorsey twice before the trial and questioned very closely byMr.Dorsey. He told me to say that Mr.Frank's general character wasbad and as illustrating to me how he desired me to state that Mr.Frank's character was bad, he said, "I want you to state that hischaracter is bad just as you would state that Mayor Woodward'scharacter was bad, and in the same manner you had heard that Mr.Frank's character was bad. That is

J T HEARN, Sworn In For The State, 154th To Testify

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J. T. Hearn, sworn for the State.I have known C. B. Dalton from 1890 to 1904. At first his general character was bad, but the last I knowed of him, it was good. I would believe him on oath.CROSS EXAMINATION.I heard of his being indicted for stealing and selling liquor, but the last year he was in Walton County he joined the church and I never heard a word against him after that.J T HEARN, Sworn In For The State, 154th To Testify

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

Here is the translated text as follows:122 XY. AMERICAN STATE TRIALS.The Supreme Court of Missouri has stated the same principle in the cases of *State v. Dunn*, 18 Mo. 419, and *State v. Jennings*, 18 Mo. 435.Gentlemen of the jury, I will now call your attention to the several facts and circumstances that demonstrate the malice requisite to classify this case as murder in the first degree. First, consider the character of the wound. It is established in all legal texts that when a wound is inflicted with a deadly weapon or a weapon likely to produce death, and no

1540 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1541 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: telling a falsehood and I then and there told detectives Camp- bell and Starnes that so far as my knowledge of Leo M.Frank went or was concerned that the said Leo M.Frank was a gentleman in every respect and way. Detectives Starnes and Campbell laughed at the declaration I made in defense of Leo M.Frank and treated my statement as a joke, and further that they would and did insist that I admit that I knew Mr.Frank to be a man of bad character, and that I had seen Mr.Frank go into closets and

1542 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: al immoral acts with them or attempted to do so or asked to do so. I did tell detectives Campbell and Starnes that I had been in the basement of the National Pencil Factory with one Daisy Hopkins for immoral purposes, but I told the detectives then and I now say that that I never went to the factory with Daisy Hopkins with the knowledge or consent of Leo M. Frank, but I did the detectives Campbell and Starnes at the time of the conversation referred to in this statement and I now state

1543 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: GROUND 14H. F. BOEKER, Sworn for the Movant: I was master mechanic at the National Pencil Factory in September, 1908, until the last Saturday in December, 1912. During that entire time I signed factory orders for all goods and supplies. I had authority to sign all orders for all goods and supplies I needed. The only other person who had authority to sign orders was Leo M. Frank. The method adopted by me and Mr. Frank in connection with the purchase of supplies was as follows: The orders or requisitions were made on pads

1544 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: said letters and loop were made by me, but if the original paper was shown me I could be more certain. At the time I left Atlanta the entire supply of blanks, containing the figure "190" on the date line had been exhausted and a new stock of order blanks containing the figures "191" had already been put in use. Shortly before leaving Atlanta I personally packed up all of the duplicate orders on carbon copies which I had written and which had already been filled and sent them down to the cellar of

1545 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: man of good moral character and credibility and we would believehim on oath in a court of law.H. G. SCHIER, N. V. DARLEY, sworn for the State. OnApril 26, 1913, we were connected with the National Pencil Companyas assistant superintendent and head foreman respectively. Wenow act as superintendent and head foreman respectively. We arefamiliar with the order blanks in said factory and make thisaffidavit with respect to the four books attached, marked 1, 2,3 and 4. Book #1 is an ordinary pad such as is in use at thepresent time at the factory, and

1547 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: Bud Perry, and I did not meet anyone at home that day that I knowother than Bud Perry. attested by C.C. Burkeas Notary.GROUND 16.HELEN FERGUSON, Sworn for the Movant.I was employed at the National Pencil Company. I knew Mr. Frank very well when Isaw him. I also knew Mary Phagan far about a year. I never saw himMr.Frank address Mary Phagan by name, and I never saw himtalking to her in any friendly manner. During my employment atthe factory, I never saw Mr.Frank drinking with women in his of-fice. On the Saturday preceding the

1548 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: 1913, and while at work there I was injured on the index finger of my left hand, being at work at a machine on the second floor of the building in the metal department. When I received this injury there was a vast amount of blood run on the floor at the end of the machine upon which I was at work and the machine referred to was directly opposite the one upon which Mary Phagan was employed. I knew Mary Phagan when I saw her and during my employment at the National Pencil

1549 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: then went directly to the Atlanta Hospital where Dr. Ballinger waited on me. It was very possible, and quite probable, that blood dripped from my wounded hand upon the floor as I was passing the aforesaid dressing room, and I am not willing to state that blood did not drip from his hand to the floor in front of the dressing room already referred to. I was paid $7.50 for two days attendance in court by the Solicitor.GROUND 18.MRS. M. JAFFE, Sworn for the Movant. I have known Leo M. Frank for about three

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

Here is the translated text as follows:EDWARD D. WORRELL. 123In the case of the State v. Bower, 5 Mo. 364, the defendant was convicted of murder in the first degree, with malice inferred from the character of the weapon and wound. The proof was in substance: On the night preceding the homicide, the prisoner and deceased stayed all night at the house of Mrs. Roussiere, two miles from the place where the murder occurred. They appeared friendly while there and left her house together the next morning on foot, still appearing friendly. The prisoner carried a large stick in his

R V JOHNSON, Sworn In For The State, 155th To Testify

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R. V. JOHNSON, sworn for the State.I have known C. B. Dalton for about 20 years. His character for truth and veracity is good, and I would believe him on oath.CROSS EXAMINATION.I didn't hear he was indicted for liquor selling before he left my county. He was in good standing when he left the church. I knew he was in the chaingang for stealing about 18 or 20 years ago.W. M. COOK, W. J. ELDER, A. B. HOUSTON, J. T. BORN, W. M. WRIGHT, C. B. Mc Ginnis, F. P. HEFNER, W. C. HALE, LEON BOYCE, M. G. CALDWELL, A.

1550 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1551 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: seeking information with reference to his case and in looking up and discovering such witnesses as might be of advantage to him. The atrocity of the crime, immediately upon its discovery, created great excitement and intense bitterness. Suspicion being pointed to Frank, he immediately became the center of many sensational stories and of intense and widespread bitterness. The public press, spurred on by the wide interest in the case, published almost daily, wild sensational stories painting the atrocity of the crime. Numberless wild and incredible stories were published about Frank, linking him with crimes

1552 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: its beginning to its inception, is accurately set out in the original motion for new trial, and certified to by the Judge. At times, when the presiding Judge would decide against the defendant the crowd would make demonstrations of approval. As illustrating the conditions surrounding the trial of Frank, and of the prejudice and bias in the public mind against him, attention hereto, as exhibit A, grounds sixty five, sixty six and seventy five of the original motion for new trial, certified to by the presiding Judge. The facts alleged in this exhibit are

1553 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: upon the crime and its perpetrator. These assistants gave their time to it for weeks and months, under the guidance and direction of ourselves, and each of these reports was investigated and verified in an effort to bring to light every fact and circumstance connected with the crime. We, in person, conferred with every person of whom we had any knowledge who was in any position to know the circumstances surrounding Frank's life before and after he reached Atlanta, the facts and circumstances of the crime and any facts or circumstances throwing light upon

1554 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: pany at that time, and whose business it was to secure and obtain supplies for the National Pencil Company; that it was his practice to write out the requisition, sign it with his name and send it by an apprentice to the place where he desired to secure the supplies; that it was the practice and custom of Mr. Becker to sign the requisition, send the original to the place where he secured supplies and retain a carbon duplicate thereof in his own office on the fourth floor of the pencil factory; that the

1555 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: only information we were able to get was that one Barrett had found some hair upon the lathe, but we learned of no one who was willing to say whether the hair found was that of Mary Phagan or not. We had no opportunity to make any comparison between the hair found on the lathe and the hair of Mary Phagan, and we did not know that Doctor Harris, when he made the autopsy had taken some of the hair from Mary Phagan's head and that he had made a microscopical examination and comparison

1556 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: and other organs of Mary Phagan, but made no statement at all with reference to the taking of the hair of Mary Phagan from her head during the autopsy, and examining it in comparison with the hair found on the lathe in the metal room. Dr. Harris was upon the stand twice, an interval being had in his examination by reason of his sickness, and at neither time while on the stand did Dr. Harris intimate that he had made any examination of this hair. While on the stand he was asked what part

1557 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: trial had been overruled and after the case was affirmed by the Supreme Court. With reference to the hair found upon the lathe, we made inquiry, extensive inquiries of employees of the factory as to any information they had with reference to this hair found on the lathe.We had no information, nor did we know, that Miss Jimmie Mayfield had ever been shown the hair, which Barrett claimed to have taken from the lathe. The information that it had been shown to her came to us after the trial, and after motion for a

1558 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: did we know or have any knowledge that McKnight admitted that hefalsely swore as to the other facts which he now admits that hedid falsely swear to,set out in his affidavit shown to the courtat the hearing and submitted to the court in verification of theextraordinary motion for a new trial.McKnight was a witness for the State at the jury trialand testified as he now admits, falsely "that he looked in themirror from the kitchen and saw Frank in the dining room of hisfather-in-law's home" and that "he did not eat any dinner" that"he

1559 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: had been affirmed by the Supreme Court that in truth Miss Howell did not know Mary Phagan;and did not see or hear Leo M.Frank speak to Mary Phagan; that she had never seen the defendant and Mary Phagan together, and that she knew the facts, and would testify to the facts set out in her affidavit to the court shown at the hearing. We did not know until after the trial, and after the motion for a new trial had been overruled, that Miss Ruth Robertson would testify as is set out in her

10 PEOPLE, Sworn In For The Defendant From Miss Myrtie Cato To Carrie Smith, 156th To Testify

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MISS MYRTIE CATO, MAGGIE GRIFFIN, MRS. C. D. DONEGAN, MRS. H. R. JOHNSON, MISS MARIE CARST, MISS NELLIE PETTIS, MARY DAVIS, MRS. MARY E. WALLACE, ESTELLE WINKLE, CARRIE SMITH, all sworn for the Defendant, testified that they were formerly employed at the National Pencil Company and worked at the factory for a period varying from three days to three and a half years; that Leo M. Frank's character for lasciviousness was bad.10 PEOPLE, Sworn In For The Defendant From Miss Myrtie Cato To Carrie Smith, 156th To Testify

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

Here is the translated text as follows:124 X. AMERICAN STATE TRIALS.If a killing is premeditated, it constitutes murder in the first degree. For example, if one person, without uttering a word, strikes another on the head with an axe, this would be deemed premeditated violence under our law. It will constitute the offense if circumstances of willfulness and deliberation are proven, even if they arose and were generated at the time of the transaction. If the party killing had time to think and did intend to kill, whether for a moment, an hour, or a day, it is a deliberate,

1560 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1561 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: we did not know during the trial, nor until after the motion for the new trial had been overruled, that Mrs. Marie Edmunds (formerly Mamie Kitchens) would testify as she has testified in her affidavit here to the court shown, dated April 12, 1914. Mamie Kitchens was a witness for the State at the original trial and was cross-questioned at length by one of these defendants; we did not know, nor did we have any reason to suppose that the facts existed as set out in her affidavit to the court shown at the

1562 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: as Mr. Dorsey, the Solicitor-General, was leaving the court room a largecrowd assembled in front of the court-house and, in the hearing ofthe jury, cheered and shouted "Hurrah for Dorsey",(e) That during the trial, on Saturday, August 23, 1913,when Court adjourned and Mr. Dorsey emerged from the court room, alarge crowd, standing on the street, applauded and cheered him,shouting "Hurrah for Dorsey". At that time the jury was between thecourt house and what is known as the Criminal Court Building, near enoughto the crowd to hear the cheering, and some of the jury werein

1563 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: jury,and before more than one juror had been polled, to such an ex-tent that the court had some difficulty in proceeding with thepoll or the jury,which then in progress and not finished.In-deed so great was the noise and confusion without that the courtheard the responses of the jury during the polling with somedifficulty.While you was about ten feet from the jury.In thecourt room, shouting to the jury, lawyers, newspaper men and officers ofthe court, and among them there was no disorder.GROUND 75.Public sentiment ceased to the Co rt to beagainst him.The court room was

1564 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: when the verdict was rendered and Mr. Dorsey left the court room, he was met at the court house door by a multitude. He was carried upon the shoulders of a part of the crowd and carried, taken upon the building opposite, wherein he had his office, and partly toMORRIS BRANDON, Sworn for the Movant. I did not take part in the actual trial of said case, I therefore know nothing of what transpired at the trial. I did not have actual charge of the preparation of the case, therefore I can not say

1565 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: I did not see the hair that was claimed to be found on the lathe by one Barrett. I understood that Barrett had found certain hair upon the lathe, but I have never had any opportunity of examination or to see it, or did the officers or any opportunity to see and know whether it was or was not similar to the hair of Mary Phagan. I did not know until after my trial, and after my case had been affirmed by the Supreme Court, that Dr.Harris had in fact taken hair from the

1566 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: case had been affirmed by the Supreme Court that any other party, or parties, had opportunity to examine the hair found by Barrett and to say whether or not it resembled the hair of Mary Phagan.I did not know that Miss Jennie Mayes had, nor that Miss Cora Falta, nor that Miss Alice Marjorie Mangum had ever examined or seen the hair claimed to have been found by Barrett, or that they had any knowledge as to whether the hair so found was the hair of Mary Phagan. The first intimation I ever had

1567 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: to account for myself between these two times, I did my best toremember who I saw between those times and do as best I could Icould not remember that I had spoken to Mrs. Miller at the time,nor do I remember with certainty now her testifying to me as testi-fied to by her in her affidavit. Mrs. Miller is a woman of verac-ity and character and I feel sure that she did see me and that ifthe matter had become important immediately after the crime Icould and would have remembered the fact.I did not

1568 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: after purchasing said dinner he turned,carrying the dinner in his hand,toward the Pencil Factory and that said Mary Phagan saw no more of Jim Conley during that day.I did not know C.Darbus Dalton, and had never seen him until he was placed on the stand. I had no idea that said Dalton would or could be a witness against me, I never had seen Dalton and had never had anything directly or indirectly to do with him.- I have not seen said Dalton since he testified,nor have I had any opportunity to see him.

1569 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: State upon the trial, but I did know at the time of the trial or until after the date of Helen Ferguson's affidavit, dated April 9, 1914, to the Court shown at the hearing, that she would testify to the things in said affidavit set out. I did not know until then that Conley had had the conversation with Helen Ferguson set out in her said affidavit.I had no opportunity myself to know what J. E. Duffy would testify to on the trial nor did I have any opportunity to discover whether or not

MISS MAMIE KITCHENS, Sworn In For The State, 157th To Testify

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MISS MAMIE KITCHENS, sworn for the State in rebuttal.I have worked at the National Pencil Company two years. I am on the fourth floor. I have not been called by the defense. Miss Jones and Miss Howard have also not been called by the defense to testify. I was in the dressing room with Miss Irene Jackson when she was undressed. Mr. Frank opened the door, stuck his head inside. He did not knock. He just stood there and laughed. Miss Jackson said, "Well, we are dressing, blame it," and then he shut the door.CROSS EXAMINATION.Yes, he asked us if

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

Here is the translated text as follows:EDWARD D. WORRELL. 125Where the office of the company is located, the prisoner might, and probably did, suppose that he had a large amount of money in his possession.I might also allude to the fact of his assuming different names, and his flight of a thousand miles from the scene of the murder, and other circumstances developed in the case; but the entire case furnishes so many evidences of express malice that I am not doing your intelligence justice in supposing that you can entertain the slightest doubt upon this point. The idea that

1570 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1571 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: L.K.ROSSER,MORRIS BRANDON, R.R.ARNOLD, HERBERT J.HAAS, LEONARD HAAS, Sworn for the Movant. We did not, at thedate of the trial, nor until after the Supreme Court had affirmedthe case of Leo M. Frank have any knowledge of the fact that J.W.Boozer knew and would testify that Jim Conley was on Peters Streetin the City of Atlanta, on the 26th day of April, 1913, between thehours of four and four thirty o'clock. We (except Morris Brandon,who did not have active control) made active search to trace Conley dur-ing each hour of the day of April 26,

1572 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: mother left me at the store to go to the pencil factory, promising to come right back; and after waiting at the store for about ten minutes, I decided to walk toward the pencil factory to meet my mother; and, upon arriving at the factory, inasmuch as I did not meet my mother, I entered the factory and went to the second floor near the time clocks, one of which registered fifteen minutes until twelve o'clock, noon, and the other one showed thirteen minutes after twelve o'clock. When I reached a point opposite the

1573 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: passed right on down the stairway that lead to the 1st floor and I did not see the girl again. Just as the girl left the office floor, I saw Mr.Frank in the outer room of his office and saw him disappear into his private office, where I could not and did not see him again. In about five minutes after the girl referred to left the factory, my mother came down the stairs and she and I at once left the factory. When I reached the bottom of the stairs, Lemmie Quinn was

1574 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: Georgia, on April 22, 1914, and in each part of Mrs. Bailey's affidavit where in reference is made to me, same is the truth and in every way correct.L.Z.ROSSER, MORRIS BRANDON, REUBEN R. ARNOLD, HERBERT J. HAAS, LEONARD HAAS. Sworn for the Movant. We are of counsel and the only counsel of Leo M.Frank in the case above stated. All of us were counsel of Leo M.Frank at his trial, at the July Term, 1913, of Fulton Superior Court, except Leonard Haas, said Leonard Haas having become connected with the case after the motion

1575 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: knew him well for four months straight in jail. I talked daily with him about all his affairs and I asked him if he was guilty or not, and he first told me no, that he was innocent; that God above alone knows who did the murder, and I said if you were not guilty, why should you worry, so, and he told me he was so near guilty, he felt lost; that he had lost all hope. During Nov. and Dec. 1915, we were very good friends in jail, he had all confidence

1576 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: he knew that I would'nt work; that afterwards he went and got drunk, went home and started to leave town, but that he knew that that wouldn't do, so he stayed here to show that he wasn't guilty. He begged me not to say anything about this, that he wanted to serve his twelve months so that he would be free; that if he couldn't get me he would go north and marry some white woman around Cincinnati. He also told me that he kept the money but gave the purse to a negro

1577 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: getting 18 months sentence, that Jim was doing a lot of talkingand that if he didn't stop talking so much, he was going to talkhis neck on the gallows. This morning somebody came after me to goto Mr.Dorsey's office. I went there and he told me that I mustremember that Annie's case hadn't been settled yet and he said thatthe best thing I could do for Annie and myself was to bring Anniedown there to him. I told him I didn't know where she was and allI could do would be to ask the

1578 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: connection of James Conley with the murder of Mary Phagan, and neither of us had any knowledge of any of the facts and circumstances set out in Exhibit A, hereto attached, at the date of the trial of Leo M. Frank, nor until the date of Exhibit B, hereto attached, we knew nothing of the facts set out in Exhibit B, hereto attached nor could we possibly have known the same by the exercise of any manner of diligence. (Exhibit A referred to in the above affidavit)5TH AFFIDAVIT TO MOTION FOR NEW TRIAL(GROUND 1-a)

1579 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: those present t the time were Mrs.Georgia Denham,R.P.Barrett,Cora FIata, Marjorie McCord, Miss Jimmie Mayfield.GROUND 1-o. GEORCIA DEKHAH, Sworn for the Movants. I was presentin the metal room at the National Penoll Company's plant on MondayApril 28th,1913, when some strands of hair were found upon a cor-tain lathe, and which were sought to be identifled as the hair ofMary Phagan, deceased. I was well acquainted with the deceasedMary Phagan, and with the color of her hair, and the hair abovementioned was not the hair of Mary Phagan. It was entirely toolight in color to have

MISS RUTH ROBINSON, Sworn In For The State, 158th To Testify

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MISS RUTH ROBINSON, sworn for the State in rebuttal.I have seen Leo M. Frank talking to Mary Phagan. He was talking to her about her work, not very often. He would just tell her, while she was at work, about her work. He would stand just close enough to her to tell her about her work. He would show her how to put rubbers in the pencils. He would just take up the pencil and show her how to do it. That's all I saw him do. I heard him speak to her; he called her Mary. That was last

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

Here is the translated text as follows:126 X. AMERICAN STATE TRIALS.Is there any other principle than that of alienation of mind? I gave the gentleman's argument my closest attention, and far from satisfying my mind of the truth of his proposition, he led me to the conclusion that the prisoner was a man of more decided intellect than I had attributed to him. The first act to which I shall call your attention relates to what transpired on the day of his desertion.As the first orderly-sergeant, it was his duty, and his alone, to detail every day a man to

1580 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1581 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: Letter 1.My dear little girl:I got letter and feel alright now and is not made with you at all now, and I believe what you say about old Jim since I read your mother's letter. I still love you and will always love you, but I must tell you I have a wife that will tell people to kiss her ass.Well, I will forgive you all about that now, and let us see how much we love each other Baby Doll. I love you more than you can know. I love you with all

1582 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: Letter 2.Now Baby Doll Papa got your letter and was very glad to hear from you, and will be glad to get your picture. Now Baby you know we dont want to get mad any more, so you tell me now what is that, that somebody has told you-a-bought me. Let me know, it will be alright.Dont hold it back because I love you so to tell me know what it is. I wish I was up there with you was dressing so I could feel your ass. Baby I will give you the

1583 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: So you ask your lawyer do he think it would be best toget out on bond.Well Dear dont worry about a thing for Papa love you andmy step mother love you, so tell my sweet Doll, her I say hello,so this is all, go to sleep now, Baby Doll, Sweet Dear, bye bye.(Signed) James Conley.P. S. On back of page 2.Miss Annie Carter Conley, got a fat ass and a sweet peehole. I do believe and they will be mine soon (blank) I willjust want that ass, Honey.P. S. On back of page 4.James

1584 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: Well baby doll papa has got your letter and was glad to hear from you, to know that you are feeling fine. Well honey you know if we do what we can we can love each other just the same and when we get out we have all that I have got to do then is to go and get what I have got put up and give it to you. Darling I know you told me to Judge well, That alright Papa will do anything that you tell him but baby papa is

1585 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: Letter 5. (1st page)Atlanta, Ga., Jan. 26, 1914.My Dear little girl--I got your letter and I did not that you was playing your lime because to all in hard---- Aint that so honey I dont think that you care for me to come up I know you dont want me to come up so dont worry that I love you just the same All right I want some women that can work her ass and I believe you can---- so dont worry about that either---- no woman and no little girl "Over" on next

1586 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: Good pussy Annie Maude all I know that your ass is fat you need not say that it isnt and I know your pussie is good and fat and warm and hairy. How do I know because my dick stay on a hard all the time.When you pass this door every nick say here she go and do you know little girl that your dick say to my heart. I love you more than any man that you love with and how I and how I love you so much is because I believe

1587 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: Good pussy Annie Maude all. I know that your ass is fat you need not say that it aint and I know your pussy is good and fat and warm and hairy. How do I know because my dick stay on a hard all the time.When you pass the door click click say here she go and do you know little girl that I love you to my heart. I love you more than any man that ever went with and how I man love you so much is because you went with me

1588 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: Back of Page (2)To Miss Smart. Answer if you like for I am not no fool either. Understand it too and I am not mad with you.Letter 8.Atlanta, Ga., February 14, 1914.Miss Annie Conley, 92 Tallwall street, Ga.Well dear I Judst don't know what to say. You say you are made with me and it hurt me to my heart. Did I tell you that love you and love nobody but you and I think if you Go back on me I don't know what to do. So baby dont me mad be with

1589 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: have wrote all the paper that I have got. Now you know that I love you and will do all in this world for you. If I could get you in there I could make you love me or try like hell one. For I love you with all the love in the world. If I didn't make you love me I would by love from you if it takes every dollar I have got.P. S. at top of page (3). Annie I spelled my words so that you can understand them. I am

MISS DEWEY HEWELL, Sworn In For The State, 159th To Testify

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MISS DEWEY HEWELL, sworn for the State in rebuttal.I stay in the Home of the Good Shepherd in Cincinnati. I worked at the pencil factory four months. I quit in March, 1913. I have seen Mr. Frank talk to Mary Phagan two or three times a day in the metal department. I have seen him hold his hand on her shoulder. He called her Mary. He would stand pretty close to her. He would lean over in her face.CROSS EXAMINATION.All the rest of the girls were there when he talked to her. I don't know what he was talking to

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

Here is the translated text as follows:EDWARD D. WORRELLOn the contrary, others considered him quite shrewd in a trade. Hutchinson saw nothing unusual in his conduct; he appeared perfectly rational and behaved as travelers usually do.Major Wright thinks that, upon the supposition that he killed Gordon, his conduct at the place of the homicide is wholly inexplicable. He believes a sane man would have concealed the body in the thicket. To my mind, however, it is perfectly consistent with reason and exhibits a degree of shrewdness and a knowledge of human nature that few men possess. It was necessary to

1590 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1591 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: R. P. BUTLER, W. V. DARBY, H. G. SCHIFF, BULA FLOWERS, JOE WILLIAMS, JOS.STEIKER, R. W. LOEB, L. A. QUINN, P. SIGANSKY, Sworn for the Movants.We are acquainted with the handwriting of Jim Conley. We have examined the letters attached to Annie Maude Carter's affidavit and the same are in the handwriting of said Jim Conley.SIG MORGAG, H. HEIN, CHARLES LEEB, Sworn for the Movant. We are acquainted with R. P. Butler or H. G. Schiff, Rudolph Loeb, P. Sigansky, Jos. Steiker and Miss Bula Kay Flowers and know their general character for truth

1592 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: the least doubt in my mind that these letters were written by thesame person who wrote the notes found by the dead body of MaryPhagan.S. M. NETTLEBAUM, Sworn for the Movant.I am a court reporter andreported the oral argument made by Solicitor General Hail Dorsey tothe Jury in the matter of the State vs.Leo M.Frank in Fulton SuperiorCourt, on August 22,23 and 25th.The Solicitor made the followingstatements:(page 78) "...this man Frank, by the language of these notes, inattempting to fasten the crime upon another, has indelibly fixed itupon himself.I renente it.We indelibly fixed it

1593 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: eral character for truth and veracity. The same is good and we would believe them on oath in a court of law.WILLIAM J. BURNS, Sworn for the Movent. In the office of Solicitor General Dorsey I carefully examined the clothes taken from the body of Mary Phagan and found the same to be the following condition: The inside seam of the drawers was cut, not with a sudden rip, but deliberately, by one who took his time in doing it. The cut began at the lower right leg, continuing up across the crotch and

1594 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: ed me to make a comparison of the handwriting which appeared on the two notes found by the body of Mary Phagan, and copies of which appear as State's Exhibits Y and Z in the brief of the evidence filed in this case, with the handwriting of the letters attached to the Annie Maude Carter affidavit of date, 28,1914. Mr. Haas placed in my possession these letters, together with the original notes. Mr. Haas gave me these exhibits with the statement that I was to compare the handwriting and to give my opinion as

1595 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: COUNTER SHOWING OF THE STATE.GROUND 1.W.A. GHEESLING, Sworn for the State. I am the undertaker who took charge of the body of Mary Phagan and who swore upon the trial of the case of the State of Ga. vs. Leo M. Frank and Jim Conley. On Sunday morning, April 27, 1913, one of the first things that I did was to clean up the body of Mary Phagan, and among other things I washed her hair thoroughly with pine tar soap. The effect of pine tar soap on hair is always to change the

1596 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: JOHN R. BLACK, Sworn for the State. I am the party referred to in the above affidavit of Mr. John W. Coleman, and that I did so exhibit the hairs recovered from the factory and delivered to me as the hairs recovered by Barrett on the lathe at the National Pencil Company, and the hairs examined by said J.W.Coleman are the same hairs recovered and said J.W.Coleman did as above indicated state upon examining said hairs at the city police headquarters, that to the best of his knowledge and belief they were the hairs

1597 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: entirely too light in color and was not of the same texture as that of Mary Phagan." This statement is false and untrue. I did not say positively that it was not Mary Phagan's hair, for I did not know, and do not know now. I did say that the hair Mr. Barrett showed me was too light for Mary's hair, but I could not say positively that it wasn't her hair. I have read the foregoing statement which I made in the presence of officers J.N.Starnes, and Pat Campbell and my father and

1598 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: have me quoted as saying "positively that the hair on said lathe was not the hair of Mary Phagan, and that the same was entirely too light in color and not of the same texture". This statement is absolutely false and untrue.3RD GROUND:BASS ROSER, Sworn for the State. I have examined the stenographer's report of the trial of the case of State vs Leo M. Frank. Same comprises seven large volumes, written on legal cap paper, and covers 3,647 pages.4TH GROUND:ALBERT McKNIGHT, Sworn for the State. I have heard read to me the affidavit

1599 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: looking for me. He told me to leave town that Sunday before the Conley case came up the next week. He told me not to let them get me by any means. I asked him if I went to Stockbridge to my mother's would that be all right, and he said yes, just so I got out of town and didn't let them get me. After I was hurt they took me down to Fairhaven Hospital, colored. When I was down there Burke came down and brought a man by the name of Burns

MISS MYRTICE CATO AND MISS MAGGIE GRIFFIN, Sworn In For The State, 160th To Testify

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MISS MYRTICE CATO and MISS MAGGIE GRIFFIN, both sworn for the State, testified that they had seen Miss Rebecca Carson go into the ladies' dressing room on the fourth floor with Leo M. Frank two or three times during working hours; that there were other ladies working on the fourth floor at the time this happened.MISS MYRTICE CATO AND MISS MAGGIE GRIFFIN,, Sworn In For The State, 160th To Testify

J E DUFFY, Sworn In For The State, 161st To Testify

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J. E. DUFFY, sworn for the State in rebuttal.I worked at the National Pencil Company. I was hurt there in the metal department. I was cut on my forefingers on the left hand. That is the cut right around there (indicating). It never cut off any of my fingers. I went to the office to have it dressed. It was bleeding pretty freely. A few drops of blood dropped on the floor at the machine where I was hurt. The blood did not drop anywhere else except at that machine. None of it dropped near the ladies' dressing room, or

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

Here is the translated text as follows:128 X. AMERICAN STATE TRIALS.Louis; and while in Vincennes, he attended a ball. It occurs to me there is nothing remarkable in this. He knew that no suspicion of Gordon's fate would likely be entertained for some time to come, and moreover, if his conscience upbraided him for the act, he might obtain temporary relief by resorting to places of amusement. Dr. Webster, after the murder of Dr. Parkman, and while the city of Boston was in the highest state of excitement growing out of the supposed murder, attended a convivial party of ladies

1600 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1601 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: the head man, and me and these other two fellows were standing in the waiting room and he reads this affidavit over to me, or pretended to read it to me, whatever he read sounded like the first affidavit I made for him, and I signed it, and after I signed he says "this is your affidavit there Bud" and I said "yes sir" and I held up my right hand and swore to it and he says all right good bye and they passed by Mr.Burk and I goen back into the cook

1602 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: around and walked out and he told me other things connected with that matter at that time. I asked him to make a statement and he said he was afraid they would lock him up. I told him he needn't be afraid if he told the truth, and that he knew anything and it was the truth, he ought to tell it. I told him I cautioned him not to tell anything but the truth and to be very careful what he said, because it was a very serious matter to accuse a man

1603 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: Lessitt was the truth. I was present at the police headquarters when Minola McKnight made her affidavit sustaining everything that Albert McKnight said to me. Albert McKnight, in the presence of his wife, Minola McKnight, stated that what he had said was the truth, and Minola McKnight at last admitted that it was the truth. George Gordon, who claimed to be the attorney for Minola McKnight, heard every word of the paper which Minola McKnight signed, read over to Minola McKnight, and was present when Minola McKnight signed her name to that paper, which

1604 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: breakfast table Sunday morning and my wife was listening from thekitchen. Then Mrs. Frank was only paying my wife $3.50 per weekup to the Saturday of the murder and they told her if she would nottalk they would pay her $7.00 per week and she would not have towork as late as she had been doing. And far her to say nothing atcourt but what they told her to say. They gave her $5.00 extra theday she went to court. They examined my wife money all along asshe is buying lots of messessand which

1605 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: operating on his mind in telling what he did. Albert McKnight is present when I sign this affidavit and has heard read over to him the same before I signed it, and Albert McKnight says that wherein reference in this affidavit is made to him and what he said and did, the same is absolutely true.ANGUS MORRISON, sworn for the State. I have been working for the Book & Gregg Hardware Company for fourteen years. I heard the affidavit this day signed by R.L.Craven, dictated, and I have read over and seen him sign

1606 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: X nevernever came back to work after the newspaper published the repudia-tion of his evidence of the State. April 15, 1914.W. H. BOYD, Sworn for the State. I know C.W.Burke. I run the Tex-minal Restaurant. Albert McKnight was working in the restaurantin the capacity as pot washer. On the 15th day of April,1914,Burke came to me and told me that McKnight wanted to quit. I didnot know McKnight until Burke came and told me that he wanted toquit. Lehon and another man were with Burke at the time. Burketalked with McKnight, I don't know

1607 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: end described her costume to my friend who said:"That's right,she was wearing clothes of that kind."8TH GROUNDMRS. CARRIE SMITH, sworn for the State. On Monday night,April 20,1914, at about 10:00 o'clock I was standing at a weiner stand im-mediately in the rear of the Metropolitan Club building near thecorner of South Forsyth and West Mitchell Streets. A man who hadintroduced himself to me who had been passing under the name ofMaddox and who represented himself to be a book agent and said hewas at work getting up a book, came riding by in an

1608 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: was bad. Some time after the trial of the case I was requested by Miss Marie Karst to meet her for the purpose of going to a show on the 7th floor of the Grant Building. I went up there and there found this same fellow Maddox who undertook to pay me $20.00 to sign his affidavit. Miss Marie Karst was not present and I did not get to see her. There was another man with Lurie who undertook to talk to me also about the case. After telling the Solicitor General on this

1609 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: at the time. I don't know, of course, what Frank and this woman were doing in there, but I do know that they were in that room which was supposed to be used only by the girls as a dress room, and I don't know of any business that could have been carried on in that room by Frank and this woman that was right and proper or connected with the National Pencil Company's business. The key to this room was carried by the woman I saw go into this room with Leo M.Frank.

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

Here is the translated text as follows:EDWARD D. WORRELL, 1899It would convert the whole of New England into a lunatic asylum. I observe sitting on my left my old and much-esteemed friend, Major Robertson, with whom you are all well acquainted. How long do you suppose the Major could travel on a steamboat or in the cars without having something to say to at least three-fifths of the passengers? I am not certain, but it would seriously disturb the equilibrium of the Major's mind if he were not permitted to indulge in this social trait. Men in this particular are

W E TURNER, Sworn In For The State, 162nd To Testify

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W. E. TURNER, sworn for the State in rebuttal.I worked at the National Pencil Company during March of this year. I saw Leo Frank talking to Mary Phagan on the second floor, about the middle of March. It was just before dinner. There was nobody else in the room then. She was going to work and he stopped to talk to her. She told him she had to go to work. He told her that he was the superintendent of the factory, and that he wanted to talk to her, and she said she had to go to work. She

1610 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1611 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: won't forget it." I have heard people say that Frank was a man of bad character. This was the general talk among the girls in the factory. I heard the employees in the factory talk frequently about Frank being attentive to the women working the factory, whose reputation were bad, and I have seen myself Frank spend a great deal of his time with this woman whose reputation was bad. I don't know myself that anything wrong every occurred between them, but I do know that he devoted a great deal of his time

1612 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: to be Burns detectives, asked me if there was anybody else besid.s myself that I knew who had seen Frank go into the dressing room with women. I stated that my recollection was that Miss Myrtle Cato saw this occur. They then asked me where Miss Ce to worked and I told them she worked in S. M. Inman drugstore and I added, "you go there to see her and you will get the same dose you got here." H. A. GARNER, Sworn for the State. About 7:00 o'clock p.m. on April 24, 1914,

1613 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: RUTH ROBERSON, Sworn for the State. I worked at the NationalPencil Company for three years and was working there during theyear 1912, up until the middle of April, 1913, just a few weeksbefore Mary Phagan was killed. I have known Mary Phagan ever sinceshe has been a very little girl, having known her in Cobb County,where we both lived. I knew Leo M.Frank. I have had read to me theevidence that I gave on the trial of the case of the State vs.Leo M.Frank. Every word of it is absolutely true. I did seeFrank

1614 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: Frank case. I can positively state that I do not remember ever having seen Miss Griffin and I did not know her name, and certain it is that she never talked to me in her life or undertook to coach me about what I should say. It is not true that Maggie Griffin and Dewey Howell left the large room referred to in Frank's motion two or three times together and returned together, and it is not true that I heard Dewey Howell say repeatedly that she was afraid she would forget all Maggie

1615 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: solicitor insulted me. The solicitor general never suggested or intimated in any way that I had had sexual intercourse with the defendant in his office or any other place in his factory, or that he knew the location of any room or that he knew of other girls having been in the room with him. The solicitor general merely asked me about what I had heard other people say about Leo M.Frank's general character and I never even told him until today, April 20, 1914 about any conduct on the part of Frank toward

1616 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: of her affidavit. Directly after the murder, knowing that my daughter had been working at the pencil company's place of business, I talked to her about the same and she told me exactly what she said on the stand, namely that Leo M.Frank knew Mary Phagan, that he had called her "Mary" and that he spent a good deal more time than was necessary at Mary's machine talking to her. She also told me that this man Leo M.Frank was a man of general bad character, though she did not tell me of the

1617 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: and true report of the evidence which I gave on that trial. Some time recently, C.W.Burke, representing himself to be a detective representing Leo M.Frank and from the office of L.Z.Rosser, called on me at the pencil company's place of business. Burke paid me for the time I lost in talking to him about this case. He said that Mr.Rosser said you had an honest looking face and that he wanted me to come down and have a talk with you, and he told me to ask you questions concerning Frank's character." And he

1618 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: long enough to think what to do and what to say. Burke was writing this all down, as we were talking and when we finished, he got the stenographer of the National Pencil Company to write out what was said. The paper was not written in my presence. I went upstairs while they were preparing it. He then sent for me to come back to sign it. I did not read the paper after that I signed. I don't think there was anybody in the room. Afterwards Burke came to see me at my

1619 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: Q. I know, but are you acquainted with his general character, what is generally said about what has been said about him? A. I can't express my opinion of his general character?Q. Just answer yes or no? A. Yes sir.Q. Well, is that good or bad? A. I can't express my opinion of his character from hearsay.Q. All right, what is generally said about him from hearsay, up to April 26, 1913, just before the Phagan girl was killed. That hearsay is what people say about the Judge's ruling? A. Well, I will tell

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

Here is the translated text as follows:130 X. AMERICAN STATE TRIALS.I am not acquainted with either Wentz or Couzins. Wentz, it is true, consulted with one or two lawyers in Dover, but there is nothing to show that they communicated the fact to Worrell, and we are not to presume that they were treacherous to their client.The learned counsel thinks that if the prisoner were sane, he would not have acknowledged to Wentz and Couzins that the watch and saddlebags had belonged to Gordon; nor would he have stated to Sturgeon and Taylor that the deceased did not suffer after

W P MERK, Sworn In For The State, 163rd To Testify

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W. P. MERK, sworn for the State in rebuttal.I have been a motorman for about three years, in the employ of the Georgia Railway & Electric Company. I know Daisy Hopkins. I have met her at the corner of Whitehall and Alabama Street between 2:30 and 3:30 on a Saturday. She said she was going to pencil factory. I made an engagement with her to go to her room to see her that Saturday. I was in a room with her at the corner of Walker and Peters Street about 8:30 o'clock. She told me she had been to the

1620 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1621 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: I have given an affidavit to one C.W.Burke, and some man representing himself to be a Burns man. I did not put in that affidavit or authorize these men to put in that affidavit anything contradicting in any way the evidence that I gave on the stand, and if any paper which they have purports to have changed the evidence that I gave on the stand, it is a false paper, and not authorized by me. Burke wrote out a paper in my presence himself, and had me sign it. I did not myself

1622 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: leaving this out of court, but unless I did, they would bring it upin court against me, and I told Lonnie that he was the foremanthere and ought to know whether we got drunk or not, and he saidhe didn't know anything about it. We went out there and somebodyhad a half pint he got at the club, and another girl and I slippedaround and got it and two more came around and drank some of it.At that time I was only 16 years old and the girls who drank thiswith me were fifteen

1623 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: true. I did not tell them that I was working for Burke, but merely talked it over with them. One day Burke wanted me to see Monteen Stover, and talk to her, and see if I could'nt get her to change her evidence, given on the stand. I did not go to Monteen Stover. One day Burke told me that he was coming out to my house and going to see my mother and tell her that I was going off with him to work on a street car case, and that he wanted

1624 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: at Burke's office, I would frequently not work over fifteen minutes. He paid me however the $2.00 a day as he promised. Burke told me that he took Mrs.Lillie Pettis out to see her sister Miss Nellie Pettis,who had sworn on the trial of the case of the State vs. Frank,and that Miss Nellie Pettis had admitted to him and her sister in-law,Mrs.Lillie Pettis,that what she had sworn to on the hearing before the Coroner and on the trial of the case of the State vs. Leo M.Frank was untrue. I do not know

1625 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: before the Coroner's inquest and on the trial of the case. I didnot put anything in that paper different from what I swore onthe trial. This man was tall and there was some defect in hisfront teeth.(Exhibit "A" referred to above is as follows)MISS NELLIE PETTIS, Sworn for the State in rebuttal.Direct Examination by Solicitor General.Q. What is your name? A. Nellie Pettis.Q. Miss Nellie, do you know Leo M. Frank? A. Yes sir.Q. How long have you known him? A. Well, I don't exactly know himpersonally, but I know him when I see

1626 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: were they said that I had made the statement,but the same is absolutely false. It was published in the paper that Mr.Bass Rosser the city detective got mad when I refused to swear against Leo M. Frank. I positively deny that I ever made any such statement to anybody. Mr.Rosser merely asked me those questions necessary to get at what I knew about Leo M.Frank. I never said to anybody at any time or place that I did not believe that my sister-in-law Nellie Pettis, knew Leo M.Frank.18TH GROUND.MARY RICH, Sworn for the State.

1627 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: out of said alley on any date; and neither is it true that Conleyafter purchasing a dinner from me on the 26th of April,1913, wentback to the aforesaid alley in the direction of the pencil factory.I never told anybody at any time or place that I saw Jim Conleycome out of the alley immediately in the rear of the National Pen-cil Company's factory,or that after purchasing said dinner, saidConley went back to the aforesaid alley in the direction of thepencil factory. I am the only Mark Rich that I ever knew to keepa lunch

1628 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: couldn't see how she could get into trouble by telling the truth. This is only a portion of the conversation I heard. This conversation occurred Monday, April 13, 1914.(Attached is a piece of paper)JIM CONLEY, Sworn for the State. It is not true that on April 26, 1913, at about 2:15 o'clock P.M. or at any other time on said day, -- I come out of the alley immediately in the rear of the National Pencil Company factory, nor is it true that I bought a twenty- five cent dinner that day or anything

1629 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: the fourth floor and I had nothing to do with the boxes on thesecond floor. On Saturday mornings the factory would close atabout 11:45 A.M. and I was always busy at my work cleaning up thefourth floor so as to be able to get off promptly at closing hour.This box room is immediately off a small aisle from a largeworking room where about fifteen ladies are at work and it is alsowithin 50 or 60 feet of the office where the entire office forceis and at the other end of the hall within about

GEORGE GORDON, Sworn In For The State, 164th To Testify

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GEORGE GORDON, sworn for the State in rebuttal.I am a practicing lawyer. I was at the police station part of the time when Minola Mc Knight was making her statement. I was outside of the door most of the time. I went down there with habeas corpus proceedings to have her sign the affidavit and when I got there the detectives informed me that she was in the room, and I sat down and waited outside for her two hours, and people went in and out of the door, and after I had waited there I saw the stenographer of

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

Here is the translated text as follows:EDWARD D. WORRELL. 181Evidence had been found that the deceased's dental work, made by a dentist in Boston, was in the furnace; both of which helped to identify the body and connect the prisoner with the murder. Dr. Webster was a man of learning, a professor in a medical college, and his knowledge of chemistry gave him the power to destroy every vestige of the body in a few hours, so that the corpus delicti could never have been established. Yet he neglected to do it. He also volunteered statements to the brother of

1630 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1631 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: anything for me and was told he had not. Burke had told me also that he would give me a pass from Jacksonville to Atlanta to use anytime soon. Burke did not leave either the $100. or the pass. The only other time I have been offerew any money in connection with the Frank case was in Dublin, Ga. Just a short time after the trial last year, I went to Dublin with Mr. Heifner to do some work on a bank which he was working on here. When I got off the train

1632 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: I said something about having to pay room rent and he spoke up and said it wasn't necessary to pay room rent because they had a cot in the basement. I used this cot with Daisy Hopkins half a dozen times.J. H. STARNES, Sworn for the State. I have read the affidavit alleged to have been made by C. B. Dalton and introduced in the extraordinary motion for new trial in the case of the State vs. Frank. In so far as the affidavit refers to me, in stating that I had coerced or

1633 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: Frank used the same for his desk because Beoker's desk was larger than the desk that Frank was using. Beak moved the desk which he was using over in the other corner, so that Mr Darley could use that. All of the books and papers and everything that was in the Beaker desk was taken out of the same in the office next to Frank's office where the supplies were kept. Among other papers taken off of Beaker's desk, when that desk was placed in Frank's office were old order blank books. There were

1634 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: the papers in Beoker's desk out and Chambers and myself placed all these papers in the office next to Frank's private office. These papers were within ten feet of Frank's desk. Among other papers were quite a number of order blank books, similar to the one which is attached as Exhibit "A" to Darley's affidavit. These carbon copy order blank books remained in the place where they were placed by Chambers and myself from the time Bhoker left until the time I left there. All the time I was there, the only man who

1635 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: photographs made thereof. From an examination of said note and the photographs made by the use of the color plate, in my opinion the number of the order blank note is "1818" Mr.J.H.Alexander,an attorney at law, in this city, showed to me the photograph of this note attached to a pamphlet which he has been distributing with reference to the Frank case, with reference to the notes found by the body of Mary Phagan. It is evident that this is a photograph of the original note, or of a photograph of the one which

1636 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: said plate which had remained in the possession of Foote & Davies and was still in their possession. I neither admitted or stated to R.A.DeVore or to any other person that I had had the engraving company to touch up said plate in certain places, nor did I state to said DeVore or anyone else that this touching up was done to eliminate the dirty background or to bring out the writing more clearly or for any other purpose. At the time said pamphlet was printed, the question of Becker's signature and the invoice

1637 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: these boxes would only remain a short time to go out as they were needed in shipping and to be so arranged and stacked regularly as not to prevent the cleaning of the basement of paper, trash or other combustible material. I can be positive that the basement of the National Pencil Factory was cleaned of trash, paper and other combustible material between January 1, 1913, and April 26, 1913, and I can also be positive that the basement of the factory was not allowed to have stored therein papers. I have examined the

1638 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: swore on the trial of the case of the State vs. Leo M.Frank as follows: "that on Saturday, April 26, 1913, I met Jim saw Jim Conley at the corner of Forsyth and Hunter Sts. at 12 o'clock. I was in there when Conley came in. I met him there up at a saloon. I was in there when Conley came in. I met him there up at Forsyth St. W.Hunter and on down to Davis St. and we met some other fellows and we stopped and talked with them a few minutes, and

1639 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: between 12:30 and 1 o'clock. After going home I started back to town to go to the ball game. I met Ivy Jones and Jim Conley at the corner of Hunter and Haynes Streets at 2:15 p.m. and had a conversation with them. I told them I was going to the ball game. Ivy Jones said "Well wait for me and I'll go Peters St. and I'll go with you. Then I left them. I did not go by way of Peters street then but went over to the house of Major Caldwell on

ALBERT MCKNIGHT, Sworn In For The State, 165th To Testify

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ALBERT Mc Knight, sworn for the State in rebuttal.This sideboard (Defendant's Exhibit 52) sets more this way than it was at the time I was there.CROSS EXAMINATIONI don't know if the sideboard was changed, but it wasn't setting like that is in the corner. I didn't see the sideboard at all, but I don't like the angle of this plat.ALBERT MCKNIGHT, Sworn In For The State, 165th To Testify

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

Here is the translated text as follows:132 X. AMERICAN STATE TRIALS.Sergeant Clark states that the duty of a sentinel is regulated by his orders, and that he will always permit one of his own regiment to pass, if satisfied of his honesty of purpose. Worrell well knew that he ran no risk in attempting to pass Messick.In following the line of argument pursued by the counsel, we are next brought to inquire if the depositions filed on behalf of the accused furnish any reliable material for this defense.There is no species of testimony so unsatisfactory as that of depositions, more

1640 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1641 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: The second attempt occurred in December, during the two weeks just before Christmas. When I left my work at the Clark Woodenware Company one afternoon in December, I was walking down the street with another girl, when a young man, whom I afterwards found out to be Jimmy Wren stepped up to us and said: "Why don't you remember me Miss Ferguson." I told him I didn't remember him and he said: "This is Mr.Howard, don't you remember when you worked at Bloakes? I worked there too and wanted to meet you then but

1642 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: and described Burke to me and the description made it plain that he was none other than Feather. The office I was in was that of the Solicitor General's office. I am personally acquainted with H. H. QUINN, Sworn for the State. I am personally acquainted with Miss Helen Ferguson. I have known her for the last twelve months. I am acquainted with her general character and reputation. That character and reputation is good and I would believe her in a court of justice or anywhere else.17TH GROUND.J. E. DUFFY, Sworn for the State.

1643 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: at 532 Barnett Street. This was sometime before 12 o'clock. I could not get in the house and took street car to my own home. When I got home I saw Jim Wren and Lynn in an automobile in front of my house. I whistled and they came up to where I was. I told them I could not get in my mother-in-law's house. Then they put me in the automobile and after driving around town a little bit and giving me supper, etc. they then took me to Austell, Ga. All the sleeping

1644 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: been talking with Duffy just a moment before and Duffy had said: "Yonder's a Yellow I don't want to see." Eubanks asked him "Who is It?" Duffy replied, so Eubanks told me: "Hewt Garner, and Duffy replied "I'm going' to beat it," and immediately left. For three quarters of an hour I searched around among the box cars looking into many empty box cars, and hoping to find Duffy, but finally I left without finding him.ROBERT L. WAGGONER, J. H. DORAL, Sworn for the State. We are detectives of the city police department of

1645 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: finger in has uninjured hand and that he was absolutely sure that no blood could have escaped to the floor; that he immediately went to the door of Mr.Frank's office and from there to some hospital. We were at the time of this statement discussing as to how the blood spots had gotten on the floor of the factory, and the fact that it had been suggested by someone that the injury of Mr.Duffy's hand was probably the source of the blood. This Mr.Duffy denied. We talked with Mr.Duffy on the evening of April

1646 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: , I got my job back on the Southern. Fritz Lyn was also present when Duffy made this statement for Burke. I do not know myself about any money being paid. I had been promised the job by the Master Mechanic of the Southern Railway and Eubanks before the Duffy statement. I do not know whether it was the next week or the next month, but sometime soon after this I went back to work for the Southern Railway.GROUNDEDJ. D. MOORE, Sworn for the State. I know Mrs. M. Jaffe, wife of the optician

1647 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: by Mrs.Maud Beiley.(The following is exhibit "A" referred to above.)"Statement of Mrs.Maude Beiley, 263 Humphries St., Atlanta, in reference to the murder of Mary Phagan, Atlanta, April 26, 1913, in the presence of Mr.Dorsey, Mr.Minor, detective Rosser and B.S.Smith.Atlanta, Ga., May 14,1913.Questioned by Mr.Dorsey.Q. What business is your husband in? A. Meat cutter, on Gordon St. and Hembrit.Q. Where did you say you lived? A. 263 Humphries St.Q. Where did you live at that time? A. I lived in a whole lot of places Acworth St., Greensferry Ave., etc.Q. You used to work at

1648 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: but that was because they were his pets. He had some pets around there.Q. You were there Saturday, April 26th? A. Yes, quarter to twelve.Q. Who all did you see? A. Mr. Frank.Q. What was he doing at that time? A. He was going to the shipping room, and he spoke to me.Q. Who else did you see? A. Arthur White.Q. Who else? A. Stella, I think, talking to his wife.Q. Who else? A. Corinthia Hall.Q. Who else? A. Emma Clarke.Q. Who else? A. Stenographer in the office; I dont know her name.Q. Did

1649 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: and correct report of the questions asked and the answers given by the said Mrs.May Barrett. This paper was taken on May 14,1913, in the presence of Fennie Minor, Mr.Bass Rosser,Mr.Dorsey, the Solicitor and myself as stenographer and was written out by and signed in my presence by Mrs.May Barrett.(The following is Exhibit "B" referred to in above)"Statement of Mrs.May Barrett, 225 Humphries St., in reference to the murder of Mary Phagan, Atlanta, April 26, 1913, in the presence of Mr.Minor, Mr.Rosser, Mr.Dorsey and B.S.Smith, was taken May 14,1913. Questioned by Mr.Dorsey: Atlanta, Ga.,

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

Here is the translated text as follows:EDWARD D. WORRELL. 183The defendant approached the Secretary of War for his discharge. The witness told him that he thought it would be a hopeless undertaking, whereupon the defendant said, "that there was no use talking, he wished to God he had never been born, and that if he could not get out of the army honorably, he would not desert, but he would get himself out for good."Mr. Moore gives it as his opinion that the prisoner was laboring under strong mental derangement, and predicates the opinion upon the simple statement of the

R L CRAVEN, Sworn In For The State, 166th To Testify

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R. L. CRAVEN, sworn for the State in rebuttal.I am connected with the Beck and Gregg Hardware Co. Albert Mc Knight also works for the same company. He asked me to go down and see if I could get Minola Mc Knight out when she was arrested. I went there for that purpose. I was present when she signed that affidavit (State's Exhibit J). I went out with Mr. Pickett to Minola Mc Knight's home the latter part of May. Albert Mc Knight was there. On the 3rd day of June, we were down at the station house and they

1650 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1651 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: OCR. I was present when the stenographer took down the questions propounded to both Mrs. Maude Bailey and Mrs. May Barrett. I told the Solicitor General as to what Mrs. Maud Bailey had stated to me before he began questioning her. As Mrs. May Barrett went to leave the office of the Solicitor General she saw sitting in the office her niece, Mrs. Mary Phagan, and Mrs. Barrett said in substance to her daughter, "You told a pack of lies."S. L. ROSSER. Sworn for the State. I have read over the above and foregoing

1652 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: and Mrs.Maud Bailey left Mrs.Barrett at the grocery store and wecaught a Stewart Avenue car at the corner of Mitchell and ForsythStreets. As we were about to catch the car we heard the 12 o'clockwhistles blow. When I got home it was twenty minutes past 12o'clock. About a week after the death of Mary Phagan, I was talkingto Mrs.Barrett on the corner of Wells and Stewart Ave. I asked herwhat she thought of the murder, as to who was guilty and she statedthat she believed Mr.Frank was guilty and I remarked that she wouldhave

1653 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: my mother or as to the facts stated in the affidavit is true in every particular.MRS. MINNIE WILSON, Sworn for the State. On the 26th day of April 1913, I saw Mrs. Maude Bailey at 122 Wells St., my husband's place of business. Mrs. Bailey came into the office and asked permission to use the telephone and we told her she could use it. Whoever it was she was talking to, she called the Swift Soap Works, where she worked at the time, and she evidently told that person she was through with her

1654 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: National Pencil Company, on Saturday, April 26, 1913, between 11.30 and 12 o'clock. I know it was that time because my wife left before 12. While I was standing there, Mrs May Barrett came down the steps from the floor above and met Mrs Maud Bailey on the second floor and they went on down the steps toward the front door. I did not see them go out the front door, but I saw them leave the office floor.DR. RUSSELL D. STALLINGS. Sworn for the State. About three weeks ago late in the afternoon

1655 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: I am also personally acquainted with Will Newcomb, who is a foreman at the Swift Soap Factory, and he frequently visited Mrs. Maud Bailey while she was living at No.117 Wells St. He would stay there from 7 o'clock to 9, 10, 11 and 12 o'clock at night and drink beer together. I have known Mrs. May Barrett to leave and go to work of a morning before her daughter Maud Bailey would go and after Mrs. Barrett would go Will Newcomb would come down there to see Maud Bailey, go in the house

1656 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: when I was put in Jail. Whenever Mr. Roberts would go downstairs to empty the slops I would go around to see Jim Conley and give him things to eat, and I think I went the first Sunday in December. I wrote him two or three letters, and he sent them back because he said he couldn't read them. I wrote him three and he wrote me two, and I wrote him three letters altogether in either one of the letters he wrote me, and I sent the letters back to him by Fred

1657 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: I said yes,and he said you go downstairs and give it to Jim Conley and tell him it just come in through the mail,and I took it down there and Jim said you know I can't read,maybe it is from my mother and I thought it was devilment in it, and it said in the letter," Now you know you know all about the hands of your enemies,and I will do this and that to you, and if you don't tell the truth about it you will be hung by enemies that is bitterly

1658 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: want, or more than you will ever be able to dispose of. Do you evergo to talk with Jim Conley, and I says I am on my way there now.And he said I want you to do something for me. I want you to go and state your ownprice. I am dangerous, don't let get about you and put a drop in hisfood and give it to him and I will guarantee you will have a potof money and will be a free girl before tomorrow night, and I saidhe aint done nothing to

1659 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: Frank that I let it go that waynor did I tell her that I and Mr. Frank both had connection with the girl;or that I lied when she claims that I said that Mr.Frank had connection with the girl. I did not make any statement like that to her, nor did I tell her that I done it all by myself, and never to say anything about it. Nor did I tell her that I first choked Miss Mary Phagan,and after she was unconscious, I had connection with her, or that she was young

D H PICKETT, Sworn In For The State, 167th To Testify

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D. H. Pickett, sworn for the State in rebuttal.I work at Beck & Gregg Hardware Co. I was present when that paper was signed (State's Exhibit J) by Minola Mc Knight. Albert Mc Knight, Starnes, Campbell, Mr. Craven, Mr. Gordon was present when she made that statement. We questioned her about the statement Albert had made and she denied it all at first. She said she had been cautioned not to talk about this affair by Mrs. Frank or Mrs. Selig. She stated that Albert had lied in what he told us. She finally began to weaken on one or

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

Here is the translated text as follows:184 AMERICAN STATE TRIALS.In a society where profanity is not considered a crime, I should suppose such scenes were quite common. Any person discovering a quarrel at his door would be likely to resort to harsh means to quell the disturbance. Mr. Cavendish also refers to the sickness of the prisoner, deposed to by Clark as having occurred in December 1855. Witness saw him in bed and says he seemed to him evidently out of his mind; he was pulling hair out of his head and had been very unwell for two or three

1660 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1661 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: He helped the County Physician and had charge of the sick and the giving out of medicine while the County Physician was not present. He had access to all the inside part of the Jail, including the cell wing of Jim Conley. I have seen him in Conley's cell wing quite often and have seen him constantly something to eat from the Deputy's table, where Dr.Wren usually ate. I have heard Dr.Wren telling Conley that he had been tried, that he (Conley) could take this murder on himself and that this would free Mr.Frank

1662 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: to him. I saw Dr.Wren at one time give Annie Maud Carter a note or rather he throw her one from the second floor and she carried this same note that Dr.Wren had thrown her and she pitched the note into Conley through the door to his cell wing. Last night after I had gone to bed,Dr.Wren came to my cell and called to me and got me to get out of bed and come out on the outside. He asked me what I was doing and I told him nothing and he told

1663 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: told me this my sister was present and also a man, and they also heard what she said to me. I am acquainted with Annie Maud Carter's general character and general reputation; her general reputation and character for truthfulness is bad; she is entirely unreliable and on not be depended upon. She has been in jail before this last time and then was also up for stealing. Sworn for annie. Maud Carter and her sister, Court. WILLIS J. GILBERT, Sworn for the State. I am connected with the sheriff's force in charge of the

1664 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: Mr.Frank's cell wing to see him. I have seen Jim Wren and a Mr. G.W.Burke come in there last week and they went in together to see Mr.Frank in his cell wing. I have seen Mr.Burke call Dr.George Wren off to one side and talk with him privately upon one occasion. I have seen Dr.George Wren visit Mr.Frank's cell wing very often. I have never seen Annie Maud Carter in Conley's cell wing but she has requested me to allow her to go into Conley's cell wing, and I told her that I would

1665 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: times in looking over, inspecting and repairing the different sections of the Jail. We kept our key downstairs in the Engineer's department and locked up. This key was used only by Chief Engineer Hayes, Mr. Herdman and myself. I never saw Annie Maud Carter go into the cell wing of Jim Conley. When Maud Carter was under Deputy Roberts who released her for work and she stayed most of the time at this medicine room on the 4th floor, where she did most of her work. She was locked up about 8:30 P.M. when

1666 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: was lodged in the cell wing known as the third west. While Annie Maud Carter was a pickman at the jail or at least a portion of the time, I used Annie Maud Carter as a helper in laundry work, washing and ironing clothes. A portion of the time her work was upon the fourth floor, where the laundry was located, and a portion of the time upon the fifth floor, in what is generally known as the medicine room, in which she did the large portion of her ironing. I never saw Annie

1667 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: been after me to make an affidavit for him that Jim Conley had been down on me,or had asked me to let him go down on me. I refused every time because it was a lie. Jinme Wren said if I would do this, he would dress me up and send me to Cincinnati or anywhere else I wanted to go,and I told him I wasn't going to do it,that there wasn't a word of truth in it./since I have been at the factory,I have never heard anyone there say anything about Jim Conley

1668 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: C. J. GRAHAM, Sworn for the State. I am an attorney at law. I have represented Annie Maud Carter in the Criminal Division of the Superior Court of Fulton County. I have had occasion to interview members of her race and people with whom she mingles and associates. I have heard a great deal of her among the white race. I know her general character and reputation; the same is very bad. I would not believe her on oath.J. X. DONALDSON, Sworn for the State. I know Annie Maud Carter and knew her when

1669 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: would send me with some one to see her. I talked with Annie Maud Carter and she never told me that Conley had ever stated to her that he had killed the little girl. She told me that he said Mr. Frank had killed the girl. Since Annie Maud Carter was turned out of jail, about a month ago, she has been living at my house. On last Thursday, April 23,1914 she left home. After she left home I met her accidentally uptown. I met her on Decatur Street. She has not been home

DR S C BENEDICT, Sworn In For The State, 168th To Testify

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DR. S. C. BENEDICT, sworn for the State in rebuttal.I am president of the State Board of Health. I was a member of the Board when Dr. Westmoreland preferred charges against Dr. Harris. Those minutes (State's Exhibit N) are correct. I desire to say that we do not wish to open up that question again. Dr. Westmoreland's charges are not recorded here. I don't think they were put on the minutes. The reply to the charges were put in the minutes and the action of the Board. The minutes would show what action the Board took.CROSS EXAMINATIONDr. Harris' reply is

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

Here is the translated text as follows:EDWARD D. WORRELL. 185A witness stated that he had frequently drunk with the prisoner in his room and had seen him in the saddle. What can be inferred from this, except the fact that his sickness and the delirium attending it grew out of excessive drinking? There is nothing in the evidence for the defense that furnishes us any other explanation of it.The deposition of George Urghart has been read. Although a physician occupying the same room with the defendant from February to July, 1855, he makes no allusion whatsoever to his mind but

1670 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1671 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: Kate Allen testified by affidavit as follows:I am the wife of Aaron Allen. I now live at No. 9Piedmont Ave. I am personally acquainted with Jake Jacobs,a man who runs a pawn shop at 120 Decatur street, Atlanta,Georgia. I personally know that my husband, Aaron Allen, hasbeen pawning things with Jacobs at 120 Decatur street, AtlantaGeorgia, for about two or three years. Sometime about sixmonths or more ago, I have forgotten the exact time, Allenleft Atlanta. He was sick in Indianapolis, and wrote me hewanted to come home. I lost the letter that he

1672 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: I left Atlanta of my free will and accord and went North. I was in Indianapolis, Indiana, for about six months sick.I was under the care of the city dispensary there, being unable to work, and was being cared for as a stranger. I have just this day been to see a doctor here in Atlanta. He tells me that I have consumption and that I cannot live long, and I promised him I would go to the Battle Hill Sanitarium.A white man, who said that his name was "O'Neal" came to me in

1673 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: to see me and how I was feeling. He asked me did I knowMr. Jacobs of Atlanta. He asked me whether I was sick enoughto have a doctor, if I was he would have one come in rightaway. I said "No, sir, not now". He went away Just then andwent in Mr. Jake Jacobs, a man who keeps a pawn shop at 120Decatur st., Atlanta, Ga. Mr. Jacobs shook hands with me andcalled me "Mr. Allen". (Mr. Burns called me Mr. Allen whenhe talked to me too.) I asked Mr. Jacobs: "Why do you

1674 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: His voice was loud. "Why, Mr. Jacobs says he has known youfrom five or six or ten years and never known you to have over$20.00. Now, Mr. Allen I am sorry I said what I did but ifyou will you can state the truth and nothing but the truth,and that is what we want out of you". He didn't say the de-tectives gave me the money, then, but he said: "You know some-body gave you that money to leave town with and you are aliar every time you say they didn't do it".When Mr.

1675 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: killed this girl with you working there, and had you to help him do away with her, I would go up and tell the detectives so they would turn you out". He said, "Lord have mercy, hush, you are trying to get me in a trap too, because I don't know nothing in the world about it, except than I found the lady, and I hope and trust the Lord will show everybody on earth who killed her. The Lord knows and detectives will know some day just who killed the lady, because I

1676 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: until it's going to get us both in trouble". I was then taken out of the cell with Newt Lee and had a talk with Mr. Black and chief Lanford and Mr. Scott, and told them all I knowed that Newt Lee said. They told me to go ahead "We will see you again, Allen; if we need you, we will let you know". I was then never asked any further questions any more in that case by none of the detectives or any of the officers until I was questioned by detective Wm.

1677 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: him. After he had teased me along, he told me he was justteasing and joking with me, and he was going to tell me thefacts and the truth, and he was working for Mr. Burns, andasked me why did I leave Atlanta. I told him I left there ofmy own free will. He says, "They all say around there thatyou was paid to leave Atlanta, two or three hundred dollars,is that the fact?" I told him, "No, sir". He said, "No needof lying to me. He and you have been friends; I have done

1678 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: the ground no more now," says, "it is only just to saveneck, that is all. Don't you know I know that that mannever will come clear". He says, "why don't you just go aheadand make them feathers for me and I will feel and go ahead andget back up the country if necessary. Make an affidavitand get hold of them feathers, and if you think it is wrong,go down there and change it. Conley made 5 or 6 changes, whycan't you change them". I told him I would just be telling alie, because I

1679 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: so far as I know, so help me God". He says, "That is all right, I believe you are honest and straight, but you have made an affidavit down in that part of the country, and you are scared to tell what you know. I would take care of you, but as it is--by--hope to see you again".One day I was in one of the offices in Mr. Burns' place in the Transportation building, and there were several of Burns' men in there. They all went out and left me in there, and then

J H HENDRICKS, Sworn In For The State, 169th To Testify

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J. H. HENDRICKS, sworn for the State in rebuttal.I am a motorman for the Georgia Railway & Electric Company. On April 26th I was running a street car on the Marietta line to the Stock Yards on Decatur Street. I couldn't say what time we got to town on April 26th, about noon. I have no cause to remember that day. The English Avenue car, with Matthews and Hollis has gotten to town prior to April 26th, ahead of time. I couldn't say how much ahead of time. I have seen them come in two or three minutes ahead of

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

Here is the translated text as follows:136 X, AMERICAN STATE TRIALS.James Dunn, in his deposition, has volunteered an opinion as to the insanity of the defendant. He met him in Baltimore in February last, in the office of Mr. Raisin, and conversed with him on the subject of Kansas and Nebraska affairs. The defendant, in the language of the witness, inflated himself with a considerable amount of gas and seemed much excited on the subject. If this is evidence of insanity, then the people of the United States have been unquestionably deranged ever since the passage of the Kansas-Nebraska bill.From

1680 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1681 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: much as I wanted.about that good country they claimed,and hesaid "it was no so good.to you,was it",you went up there andand got tuberculosis", and I said that,and he said "but thepeople here.take better care of you and I would advise younot to stay here, I think there is some trouble out about youbut if you do get into any trouble come and see me. I wenton home, and the next day I was coming up the street and Ipassed his shop, and the young man that worked there told methat Mr. Jacobs wanted to

1682 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: that, but I didn't know how true it was, I know I never missed you until a day or two back, some of them were saying something about you and I thought you were in town", and I said "Yes, I went off on an experience and had a buck, got tuberculosis in that country, and he said, "Well, go ahead and come back here about six o'clock Mr. Black wants to see you", and I goes to the hospital for an examination and when I got back the chief told me I was

1683 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: C. A. Ison testified by affidavit as follows:I am personally acquainted with Jimmie Wren, who is in the employ of C. W. Burke, and he is the brother of George Wren, who has recently finished a jail sentence of 12 months for simple larceny (stealing $50,000.00 worth of diamonds from an express wagon) and I am also personally acquainted with George Wren. I have seen Jimmie and George Wren with C. W. Burke on several occasions, in front of the Grant Bldg., in which Mr. L. Z. Rosser's office is located, who is an

1684 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: our objections,- Conley spoke about some girls on the fourth floor, and we had a right to go into it and see what girls on the fourth floor; but are we going to try four or five different fornication cases now? Let's settle it right now, Your Honor.Mr. Dorsey: They have asked certain witnesses if they had been to Frank's office Monday afternoon and Tuesday afternoon and anything immoral was done. If they can put that in, why can't we go on with this case, and show that such things did occur with this

1685 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: MISS NELLIE WOOD, Witness for prosecution in rebuttal, wasthen sworn.DIRECT EXAMINATION.Questions by Mr. Dorsey:Q. What is your name? A. Nellie Wood.Q. Miss Wood, where do you live? A. I live at 28 Orme wood Park.Q. Are you acquainted with the general character of Leo M.Frank? A. No sir, not knowing him but two days. I didn'tknow him but two days.Q. That's what people say about his general character, whatpeople say about him that is prior to April 26th, 1913.Were you acquainted with his general character on Leo M.Frank? A. Just answer the question, yes

1686 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: W. Burke came, did make me a proposition to pay me money if I would swear to certain things in favor of Leo M. Frank. C. W. Burke afterwards came to see me and told me that the court had ruled out my evidence, and insisted that I should give him an affidavit. I gave him an affidavit, which stated that I personally knew nothing about Leo M. Frank prior to the murder, except as to what occurred between me and him in his private office. This occurrence, which I have heretofore referred to

1687 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: 17Ballard, H.J.Born, J.T.Boyce, Leon,Benedict, Dr. S.C.Caldwell, M.G.Carr, Miss Marie,Carson, Miss Rebecca,Cato, Miss Myrtle,Cohen, H.L.Coleman, A.Coleman, W.W.Davis, Miss Mary,Dobbs, Sergeant I.S.Dobbs, W.C.,Donegan, Mrs. D.Dury, J.H.Epps, Vera,Epps, W.J.Eider, W.J.Funk, Dr. JohnGantt, J.M.Goddard, H.H.Goddard, A.L.Graham, B.K.Griffin, MissGordon, Geo.Hale, W.C.Hefner, W.P.Hunt, A.W.Hendricks, J.H.Hewell, Miss Dewey,Holloman, J.H.Hooten, J.Hearn, J.T.Houston, A.B.Ingram, J.Johnson, Dr. ClarenceJohnson, Mrs. H.R.Johnson, R.V.Jones, IvyKendley, Geo.Kendrick, J.R.Kitchen, Miss MamieKitchens, W.H.Matthews, W.J.Maynard, C.J.Merk, W.P.McGinnis, C.B.McKnight, Albert,McEwing, J.C.McCoy, M.B.Niles, Dr. G.M.Owens, W.B.Peavey, W.C.Pettis, Miss NelliePierce, J.H.Price, W.M.Ragan, Miss Ruth,Rogers, W.W.Rice, J.S.Scott, HarrySmith, Len,Smith, Miss CarrieStarnes, J.N.Tillander, C.Turner, W.J.Wade, Miss Mary EWinkle, Miss EstelleWright, W.M.Of said list of witnesses introduced

1688 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: Total introduced by State................99.......Total alleged to haverepudiated................8............Character witness intro-duced by the State................10.......Character witnesses allegedto have repudiatedtestimony................1Deponent further says that he is an attorney at law,and has been practicing at the Atlanta bar about seven years.The State further introduced the following transcript ofthe testimony of Miss Grace Hix as given at the original trial:"Q.How did you know that that was Mary Phagan? A.I just knowed herby her hair being so long.Q.Knew her by her hair? A. Yes sir.On cross examination counsel for the defendant asked said witness,answers, viz, the following questions, and received the following"Miss

1689 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: Nellie Wood testified orally before the Court as follows:I am the Nellie Wood who worked at the National Pencil Factory. Worked there two days, I quit because Frank insulted me. I don't remember just what he did say, but I didn't like it. I do not care to go into details of what he said and did if it is not necessary. This man, J. P. Eubanks called me up over the phone and asked to speak to me. I says, "This is her". He says, "This is Mr. Eubanks". I says, "I don't

J C MCEWING, Sworn In For The State, 170th To Testify

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J. C. Mc EWING, sworn for the State in rebuttal.I am a street car motorman. I ran on Marietta and Decatur Street April 26th. My car was due in town at ten minutes after the hour on April 26th. Hollis' and Matthews' car was due there 7 minutes after the hour. Hendricks car was due there 5 minutes after the hour. The English Avenue frequently cut off the White City car due in town at 12:05. The White City car is due there before the English Avenue. It is due 5 minutes after the hour and the Cooper Street is

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

Here is the translated text as follows:EDWARD D. WORRELL. 137Gentlemen, I am through with the depositions, though it will be necessary to call your attention to some parts of them upon other branches of the subject.I wish now, gentlemen of the jury, to call your attention for a moment to that part of Major Wright's argument, in which he undertook to show that insanity was hereditary in the family of the prisoner. Upon an issue of this kind, it is held competent to introduce evidence to show the existence of the malady with the parents of the accused, or that

1690 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1691 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: J.B.Duffy, and Burke's chauffeur, Lynn at myself at my house. Nomoney was given Duffy at that time. I made him loans on April 4and April 11th. I loaned Duffy money when he worked under me at theSouthern Railroad in the year 1910 and 1911 and at various timesI loaned him small amounts of money. I think $40.00 was the greatestamount I had ever loaned him prior to that time. He got the moneyat three different times. He got $5.00 at one time and then on May4th, I put that on a note of $10.00

1692 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: He did not make an affidavit in the Frank case for me. He told me he gave her a dozen bottles of beer one night and she was to meet him and he said she went off and never came back. He was not asked to make an affidavit. I was not talking to him about the Frank case, I was talking about Nell Wood. I brought up the subject. We talked about all these kind of characters, you know, down there. I was not making any investigation for C.W.Burns at that time. Mr.

1693 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: welcome. After a while, Mr. Burke commenced talking about the Frank case, and he presented his theory of the case and told Duffy, "I want, if you have not already told the truth, or if you have, I want to get an affidavit from you". They discussed it on for awhile and Duffy agreed to make the affidavit, and they got around the point of the possibility or probability of blood drops being on the floor, and then there was something mentioned about $75.00 paid for court costs and I remember those things as

1694 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: vert. As to how I know Conley wrote those letters, I have examined the writing of the letters you are referring to and what is known as the "murder notes". I would not say that I am a handwriting expert, but there are many characteristics in the writing of the murder notes which show very plainly in the notes written to Annie Maud Carter. My definition of "pervert" as applied to Frank or Conley, there are many phases of the pervert. The sexual pervert is a man who satisfies his sexual passion in an

1695 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: I didn't get a statement from Aaron Allen which amounted to much. I never made any statement to Isom that I couldn't get anything from Aaron Allen I wanted. Isom didn't make any report to me. I told him he told me about being put into a cell with Newt Lee and about Newt Lee telling him he was innocent and then of a white man being put in the next cell and Newt Lee &xxxx being placed there with him and overhearing the white man say "If you don't keep your mouth shut,

1696 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: also conducts the New Orleans office. He is making investigation into the Frank case and Conley case and the Mary Phagan murder like me and getting angles over the country. He does not report to me in writing. He sometimes reports to me verbally. I do not get all the reports eventually and ultimately from all men working on this case. Mr. Sears has charge of them. Mr. Sears and Mr. Haas get them. Mr. Sears is just the local man here. I do not get, either verbally or in writing full and complete

1697 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: to this fellow in Chicago, that picked up some books or things in the alley. He showed me a memorandum book and told me about it, that certain writing was in the book when he got it. I examined it, and concluded it was not Conley's writing and told him so and that ended it, so far as I was concerned. I thought that was his own writing. He also had a pocket book. I never made any statement in my life that I had that pocket book in my possession. I have no

1698 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: had made the affidavit. I never saw Arthur Thurnen in my life. I do not know whether Messrs. Arnold and Rosser were talked to about this matter or not, I never talked to them about it. I do not know of any money being paid out, either to Ragsdale or Barber, nor to Thurnen or Tedder. I never paid a cent or ever authorised a cent to be paid. I do not think this thing could be handled by somebody on the side who would not report to me, in order to keep me

1699 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: while before Wrenn interpreted them. Yes, Burke is the man who deserves credit for the discovery of the notes. I went over the evidence in the case. I read all the briefs in it; went down to the pencil factory, went over all the briefs in the case and interviewed all the witnesses at the pencil factory, went up to your office and examined all those, examined the evidence in the case and made my report to them that in my opinion that they did not need any evidence outside of that used at

M E MCCOY, Sworn In For The State, 171st To Testify

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M. E. Mc COY, sworn for the State, in rebuttal.I knew Mary Phagan. I saw her on April 26th, 1913 in front of Cooledge's place at 12 Forsyth Street. She was going towards pencil company, south on Forsyth Street on right hand side. It was near twelve o'clock. I left the corner of Walton and Forsyth Street exactly twelve o'clock and came straight on down there. It took me three or four minutes to go there.CROSS EXAMINATION.I know what time it was because I looked at my watch. First time I told it was a week ago last Saturday, when

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

Here is the translated text as follows:138 X. AMERICAN STATE TRIALSThe next proposition submitted by the counsel was that the mind of the prisoner had been seriously impaired by epilepsy.Epilepsy is a disease that manifests in various degrees. In its mild form, it has never been known to produce any visible effect on the mind and typically responds well to medical treatment. However, in its more severe stages, it can result in imbecility, fatuity, and sometimes insanity, though never the specific type of insanity relied upon as a defense in this case. The symptoms of the aggravated form are so

1700 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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

1701 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: I have no evidence now with reference to this murder I have not reported to Leo M.Frank, or to his attorneys. I keep reporting every day and right along. I have made my final report to them. I have not it in written form. I'm going to make a written report. I have advised them not to publish it, because the fact that it looked to me as though every witness that is found here is bamboozled, or turned about, and I determined and advised them when found a witness to-send-the witness out of

1702 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

Visible Translated Text Is As Follows: my life met with such unreasoning prejudice as there is in thiscase, to give the facts, just the simple truth. I have neverknown a case where it is as hard to hold a man to his story, tojust the simple truth as in this case. I have never heard tell orread of anything as outrageous as was resorted to in this case tosecure the evidence of Minola McKnight, or the treatment accordedto Albert McKnight. I talked to Albert McKnight after he was late-ly arrested. I have read the affidavit made by Albert McKnightthat was

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