Author: Research Librarian Simon Pauling

In the Superior Court of Fulton County, Georgia. This the petition of Pinkerton's National Detective Agency, a corporation, respectfully represents unto this Honorable Court as follows: 1 The National Pencil Company is a corporation organized under the laws of the State of Georgia, having its principal place of business in the County of Fulton, State of Georgia. 2 On or about the 28th day of April, 1913, petitioner was employed by the National Pencil Company to render services as a detective agency in the matter of procuring evidence to convict the murderer of Mary Phagan, who was alleged to have

(AMENDED MOTION FOR NEW TRIAL.) GEORGIA, Fulton County. Now comes the defendant, the National Pencil Company, and amends its motion for a new trial heretofore filed on Nov., 22, 1915, and says that the verdict in the above stated case should be set aside and a new trial granted for the following reasons, to-wit: 1. Because the court on its own motion and although the plaintiff's attorney had withdrawn all objection, refused to admit in evidence certain portions of the argument made by the solicitor General of the Atlanta Circuit on August 23d and 25th , 1913 at the trial

Pinkerton's National Detective Agency v. National Pencil Co. No. 31231 In the Superior Court of Fulton County, Georgia. ANSWER OF DEFENDANT. Now comes the defendant, the National Pencil Company, and answers as follows: 1. Defendant admits the allegations of paragraph 1. 2. Defendant admits the allegations of paragraph 2. 3. Defendant denies the allegations of paragraph 3. 4. Defendant admits the allegations of paragraph 4 except the following allegation, to-wit: *and also to pay proper incidental expenses incurred by petitioner in this behalf* which allegation defendant denies. 5. Defendant denies the allegations of the paragraph following the paragraph numbered 4,

Approval of Brief of Evidence. The foregoing 134 pages constituting the brief of evidence in the above stated case, are hereby approved as a true and correct brief of the evidence produced upon the in the above stated case. Let the same be filed as part of the record herein. This February 3, 1916. W.D. Ellis, Judge S. C. A C. Filed in office this the 4th day of February, 1916. T. C. Miller, D. Clk.

PINKERTON'S NATIONAL DETECTIVE AGENCY verses NATIONAL PENCIL COMPANY. No. 31,231. Fulton Superior Court. BILL OF EXCEPTIONS. GEORGIA, FULTON COUNTY. Be it remembered that on the 17th, 18th, 19th, and 22nd days of November, 1915, at the regular November Term of the Superior Court of Fulton County before the Honorable W. D. Ellis Judge, presiding, there came on to be tried the case of the Pinkerton's National Detective Agency v. National Pencil Company. A jury was stricken, evidence was introduced for plaintiff and defendant, and after argument of counsel and the charge of Court, the jury rendered a verdict in favor

(BRIEF-OF-EVIDENCE.) Harry Scott, for plaintiff, testified as follows: I am at present superintendent of Pinkerton's National Detective Agency at Syracuse, NY. In 1913, I was assistant superintendent of the Atlanta Office. Acting in behalf of the Plaintiff, I made the contract with the defendant. On the afternoon of April 26, 1913, I was called on the telephone by Mr. Frank who asked me to come down to the Pencil Factory, which I did, and we discussed the case as it had developed up to that time, after which he inquired as to our rates, and I told him that our

Gentlemen of the Jury: This is a suit brought by Pinkerton's National Detective Agency, originally in the papers alleged to be a corporation, but by way of amendment to the original petition now charged to be a partnership, against the National Pencil Company, charged to be and admitted to be a corporation. The plaintiff's petition alleges that about the 28th day of April, 1913, this detective agency was employed by the National Pencil Company in the matter of procuring evidence to convict the murderer of Mary Phagan, who was alleged to have been slain on the premises of the National

Pinkerton National Detective Agency vs. National Pencil Co. #31231 Superior Court of Fulton County. Now comes the plaintiff and having first obtained leave of the Court amends its petition by striking from the second line thereof the word Corporation and adding the word Partnership. Robert C. & Philip H. Alston, Attys. for Plaintiff. Allowed by consent and ordered filed. This Nov. 17, 1915. W. D. Ellis, Judge S.C.A.C. Filed in office this 22nd day of November, 1915. J. C. Lewis, Deputy Clerk. Min. 74, page 596.

JUDGMENT. The jury having rendered a verdict for the plaintiff it is therefore ordered and adjudged that Pinkerton's National Detective Agency do have and recover of the defendant, National Pencil Co., the principal sum of $1286.09 and $170.52 interest to date and future interest at the rate of 7% per annum and ______ dollars cost of court. This 11/22/15. Robt. C. & Philip H. Alston, Attys for Plff.

Pinkerton National Detective Agency v. National Pencil Co. No. 31231. Fulton Superior Court, Motion for New Trial. Verdict in favor of the plaintiff and against the defendant at the November Term, 1915, Superior Court of Fulton County, on November 22, 1915. The defendant, the National Pencil Company, being dissatisfied with the verdict and judgment in said case, comes during said term of court, and before adjournment thereof, within thirty days from said trial, and moves the Court for a new trial upon the following grounds, to-wit: 1- Because the verdict is contrary to the evidence and without evidence to support

Due and legal service of the within motion for new trial, rule nisi and order of court acknowledged. This 22 day of November, 1915. Robert C. & Philip H. Alston, Attorneys for Plaintiff. Filed in office this 23rd day of November, 1915. J. C. Lewis, Deputy Clerk. Min. 74, page 557

Read and considered. Let the foregoing motion for a new trial be filed to the right of amendment. It is further ordered that the Pinkerton National Detective Agency, the plaintiff, show cause before me at 9 o'clock A.M. on the 18th day of December, 1915, or as soon thereafter as a hearing can be had, why the foregoing motion should not be granted and a new trial ordered. In the meantime, a super sedeas is granted to the defendant in so far as to stay any levy under the verdict and judgment until this motion is disposed of. It is

VERDICT. We the jury find for the plaintiff $1,286.09 with interest at 7 per cent 170.52 to date Nov. 22, 1915. J. L. Peacock, Foreman. 11-22 1915