Category: PINKERTON DETECTIVE AGENCY VS NATIONAL PENCIL COMPANY

1. Where partners sue in their firm name, the partnership need not be proved, unless denied in a verified plea. This was true where the original petition alleged that the plaintiff was a corporation, and the partnership was alleged in an amendment to the petition. 2. It was not error for the court to repel as evidence in this case "certain portions of the argument made by the solicitor general of the Atlanta Circuit on August 23 and 25, 1913, at the trial of Leo M. Frank for murder in Fulton superior court". The rejected matter was so clearly inadmissible

GEORGIA, Fulton County. I Hereby Certify, That the foregoing Bill of Exceptions, hereunto attached, is the true original Bill of Exceptions in the case stated, to-wit: National Pencil Company Plaintiff in Error. vs. Pinkerton's National Detective Agency Defendant in Error. and that a copy hereof has been made and filed in this office. Witness my signature and the seal of Court affixed this the 15th day of February 1916 Clerk Superior Court Fulton County, Georgia, Ex-Officio Clerk City Court of Atlanta.

STATE OF GEORGIA, County of Fulton. I Hereby Certify, That the foregoing pages, hereunto attached, contain a true Transcript of such parts of the record as are specified in the Bill of Exceptions and required, by the order of the Presiding Judge, to be sent to the Supreme Court in the case of National Pencil Company Plaintiff in Error. vs. Pinkerton's National Detective Agency Defendant in Error. I further certify that on account of the volume of work in office I was unable to make out + transcribe this record in the time prescribed by law Witness my signature and

National Pencil Co. v. Pinkerton's National Detective Agency. This case came before this court upon a writ of error from the superior court of Fulton county; and, after argument had, it is considered and adjudged that the judgment of the court below be

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

The following pages contain a correct copy of the report of the said assistant superintendent Harry Scott, dated April 28, 1913, and sent to the National Pencil Company on May 2, 1913. Assistant Superintendent Harry Scott Reports: Atlanta, Georgia, Monday, April 28th, 1913. Late this afternoon, I held a conference with Mr. Leo M. Frank, Superintendent, and Mr. Darley his assistant and the officers of the National Pencil Co., #37-39 S. Forsyth st., Atlanta, Georgia Mr. Frank stated that on Saturday, April 26th, 1913 the factory of the National Pencil Co., was closed down and that only two of the

The following pages contain a correct copy of the report of assistant superintendent Harry Scott dated May 18, 1913, and sent to the National Pencil Company on May 23, 1913; Asst. Supt. H. S. reports. Atlanta, Georgia Sunday, May 18th, 1913. This morning I went to Police Headquarters with Supt. H. B. P. and Detective John Black, and arranged to take a statement from James Conley, the negro sweeper formerly employed at the factory of the National Pencil Co., who has been under arrest for the past two weeks, he being arrested on suspicion when he was seen washing one

The following pages contain a correct copy of the report of assistant superintendent Harry Scott dated May 23, 1913, and sent to the National Pencil Company on May 26, 1913. Asst. Supt. H. S. reports: Atlanta, Georgia Thursday, May 22, 1913. This morning I had a long conference with Chief of Detectives Lanford, relative to the case in hand and reviewing what investigation has been made by the Agency and City Police in connection with the case. City Detective Black and myself were then requested to report at Solicitor General Dorsey's office for a conference, which we did, and remained

The following pages contain a correct copy of the report of assistant superintendent Harry Scott, dated May 24, 1913, and sent to the National Pencil Company on May 26, 1913: Asst. Supt. H. S. reports: Atlanta, Georgia Saturday, May 24th, 1913. This morning the negro James Conley sent for City Detective John Black, as he stated that he was going to tell him the truth. I accompanied Detective Black to James Connalley's cell at Police Headquarters, when Connally voluntarily stated that he had written notes for Mr. Frank on Friday, April 25th, 1913 and that as he recalled it Mr.

The following pages contain a correct copy of the report of assistant superintendent Harry Scott, dated May 25, 1913 and sent to the National Pencil Company on May 26, 1913. Asst. Supt. H. S. reports: Atlanta, Georgia Sunday, May 25, 1913. This afternoon Detective Black and myself were at Police Headquarters again and had another interview with the negro James Connally, and questioned him very closely regarding the statement made to us yesterday morning by him, but he maintained that it was the truth and we could not secure any further information from Connally. Atlanta, Georgia 5/26/13. Reported. F. The

The following pages contain a correct copy of the report of assistant superintendent Harry Scott dated May 28, 1913, and sent to the National Pencil Company on May 31, 1913; Asst. Supt. H. S. reports: Atlanta, Georgia Wednesday, May 28th, 1913. Today Chief of Detectives Lanford and myself had an interview with the negro James Conley again, and after about four hours questioning, we succeeded in having Conley make the enclosed statement to which he made affidavit. We stayed with Conley throughout the entire day, endeavoring to make clear certain points outlined in his statement, which we thought were a

The following pages contain a correct copy of the report of L. P. Whitfield, dated May 16, 1913, and sent to the National Pencil Company on May 21, 1913. L.P.W. Atlanta, Georgia Friday, May 16th, 1913. At 7:00 A.M. I went to Police Headquarters and met W. D. MacW. and city detective Black. We requested Black to secure the handwriting of Conley and Bailey, the two prisoners now in the barracks and to learn their movements on April 26th, 1913. At 8:30 A.M. W.D. MacW. and myself went to #59 Bonnie Brae Ave., in East Point, Georgia, for the purpose

Statement of James Conley, of Atlanta, Georgia made to John R. Black and H. S. at Police Barracks, Atlanta, Georgia on Sunday, May 18th, 1913. My full name is James Conley. I reside at 172 Rhodes St. with Lorena Jones, who claims to be from Marietta, Georgia This woman is not my wife, and I have been living with her a little over two years. I have been having intercourse with Lorena Jones. I have been employed as elevator man and roust about at the National Pencil Co. factory in Atlanta for the past two years. Before going to the

Statement of James Conley of May 24, 1913. State of Georgia, County of Fulton. Personally appeared before me, the undersigned, a Notary Public, in and for the above stated and county, James Conley, who being sworn on oath says: On Friday evening before the holiday, about four minutes to one o'clock, Mr. Frank came up the aisle and asked me to come to his office. That was the aisle on the fourth floor where I was working, and when I went down to the office he asked me could I write and I told him yes I could write a

State of Jim Conley, May 28, 1913. State of Georgia, County of Fulton. Personally appeared before me, a Notary Public, in and for the above State and County, James Conley, who being duly sworn on oath says: I make this statement, my second statement, in regard to the murder of Mary Phagan at the National Pencil Factory. In my first statement I made the statement that I went to the pencil factory on Friday, April 25, 1913, and went to Frank's office at four minutes to one, which is a mistake. I made this statement in regard to Friday in

I discontinued at 6:00 P. M. Reported. Atlanta 5/31/13. Conley's Statement of May 29, 1913. Atlanta, Georgia May 29, 1913. On Saturday April 26, 1913, when I come back to the pencil factory with Mr. Frank I waited for him downstairs like he told me, and when he whistled for me I went upstairs and he asked me if I wanted to make some money right quick and I told him "Yes", sir", and he told me that he had picked up a girl back there and had let her fall and that he head hit against something he didn't

Testimony of Helen Kerns, at trial of Leo M. Frank. Direct Examination: I work for the Dodson Medicine Company as stenographer. My father works for Montag. I took shorthand under Professor Briscoe last winter. I have seen Mr. Frank in his factory. I went there with Professor Briscoe to get a job, I didn't get the position. I was working on the 26th day of April for Bennett Printing Company. That day I got off about 12 o'clock. I then went around in town to the different stores and did some trading. I had an appointment to meet a girl