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LEO M. FRANK. 391

of the night, offering him sandwiches and whiskey and
threatening his life, things that this sheriff, who is as good
ag the chief of police but no better, couldn’t guard against
‘because of the physical atructure of the jail, Jim ‘Conley
asked, and His Honor granted the request, that he be re-
tmanded back into the eustody of the honorable men who
manage the police department of the City of Atlanta.

Mr. Rosser. No, that’s « mistake, that isn’t correct, Your Honor
discharged him from custody—he said that under that petition Your
Honor sent him back to the eustody where you had him before, and
that isn’t true, Your Honor discharged him, vacated the order, that’s
what you did.

Mr. Dorsey. Here's an order committing him down there first—
you are right about that, I’m glad you are right one time.

Hr. Rosser, That's more than you have ever been,

Mr. Dorsey. No matter what the outcome of the order may have
been, the effect of the order passed by His Honor, Judge Roan, who
presides in this case, was to remand him into the eustody of the
police of the City of Atlanta,

Mr. Rosser. 1 dispute that; that isn’t the effect of the order
passed by His Honor, the effect of the order passed hy ‘His Honor
was to turn him ont, and they went through the farce of turning him
out on the street and carrying him right back. That isn’t the effect
of Your Honor’s judgment. In this sort of case, we ought to have
the exaet truth,

The Court. This is what I concede to be the effect of that ruling:
I passed this order upon the motion of State's counsel, first, is my
Tevollection, and by consent of Conley’s attorney—

Mr. Rosser. I'm asking ouly for the effect of the last one.

The Court. On motion of “State's eounsel, consented to by Con-
ley’s attorney, I passed the frat order, that’s my recollection. After-
warda, it eame up on motion of the Solieitor General, I vacated both
orders, committing him to the jail and also the order, don’t you un-
derstand, transferring him; that left it as though I bad never made
an order, that’s the effect of it.

Mr. Rosser. Then the effeet was that there waa no order ont at allt

The Courr. No order putting him anywhere.

Mr. Rosser, Which had the effect of putting him outt

The Covsr. Yes, that’s the effect, that there was no order at all.

Mr. Dorsey. First, there was an order committing him to
the common jail of Fulton County; second, he was turned
over to the custody of the police of the City of Atlanta, by
an order of Judge L. S. Roan; third, he was released from
anybody’a custody, and except for the determination of the

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