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3. Respondent shows to the court that the city police prison is so arranged and so officered, that respondent is absolutely safe as to his physical welfare, that any attack that might be made upon him, that he is as safe from harm in his cell in a solitary one, there being no one else even confined in that cell block with him; that the key to this cell block is kept in cell block 8, in all ways in the possession of a sworn and uniformed officer of the city, under the instructions of Chief of Police Beavers, said sworn officers are not allowed to permit any one to approach this respondent or come into his cell block, except the attorney of Respondent and such persons as this Respondent may agree to see and talk with; that Respondent so confined is protected from any physical harm and is protected from the possibility of legal lynching as respondents alleged to be made by respondent by false claims, as to statements nor his counsel, whereby made request to the release of respondent or his transfer to any other place of confinement.

4. Respondent is willing to remain indefinitely as a prisoner in solitary confinement, while any reasonable rules this court may direct, subject to any further order or direction of this court.

5. Respondent admits that he is under a material witness in behalf of the state of Georgia, in this case, and admits that the extraordinary exercise of your discretion is proper that no one be held until the final trial of this case, in order that other cases growing out of the unfortunate death of Mary Phagan be disposed of, and respondent denies that in the exercise of sound judicial discretion respondent is necessary for this court in order respondent held at any particular prison.

6. Defendant denies that this court has legal right in the exercise of sound judicial discretion to order this respondent held as a witness in behalf of the State, when it is shown to this court that it is doubtful that he is a witness in behalf of the State, and not to protect and subject to call as a witness is not necessary, and that there is no possibility beyond a reasonable doubt, that there is any danger of his escape, and that he is not likely to be tampered with in complete and perfect imprisonment, and there being no possible theory; that the ends of justice will be thwarted and all of these facts being without the slightest possible question, there is no reason for any order of this court, committing Respondent.

7. Respondent is advised and believes that the counsel for the defendant in this case has for the past few days studying the law very thoroughly bearing on the question of holding this respondent as a material witness, in behalf of the State, and this respondent is advised by his counsel that the law is plain and clear that he has no right to be held as a prisoner, and this respondent is advised by his counsel that it is the belief of his counsel that the idea of transfer back to the county prison or his return to the jail by persons unfriendly to the interests of this Respondent and friendly to the interests of the defendant in this case.

8. Respondent denies that the law vests in this court, the right of committal as a witness in behalf of either side, under the facts and circumstances in this case, and the condition of the county jail is such that respondent shows to this court, that the respondent is concerned and the interests of justice as far as this respondent is concerned can not be well safeguarded and the interests of Respondent and the interest of justice are greatly thwarted by the return of this Respondent to the county jail.

9. Respondent shows that through no fault of the sheriff, a sufficient inside force of guards has not been provided by the county authorities, only one man being paid by the county to guard twenty cell blocks distributed in twenty wings and over five floors; that it is a physical impossibility for this one man to keep up even nominal supervision over five different floors, through large buildings, and that this respondent is advised the Sheriff of this county has com-

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