0171 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914

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32. Because the Court erred in declining to allow the witness
Miss Hall to testify that on the morning of April 36th, and
before the murder was committed, Mr. Frank called her over the
telephone, asking her to come to the pencil factory to do steno
graphic work, stating at the time he called her that he had so much
work to do that it would take him until six o'clock that day to
get it done.

The defendant contends that this testimony was part of the
res gestae and ought to have been heard by the Court, and fail-
ure to do so committed error.

33. Because, while Philip Chambers, a youth of 15 years of age,
and a witness for the defendant, was testifying the following
occurred.

Q. You and Frank were pretty good friends, weren't you?
A. Well, just like a boss ought to be to me.

Q. What was it that Frank tried to get you to do that you told
Gantt about several times?
A. I never did complain to Mr. Gantt.

Q. What proposition was it that Mr. Frank made to you and told
you he was going to turn you off if you didn't do what he
wanted you to?
A. He never made any proposition to me.

Q. Do you deny that you talked to Mr. Gantt and told him about
these improper proposals that Frank would make to you and told
you that he was going to turn you off unless you did what he wanted
you to do?
A. I never did tell Gantt anything of the sort.
(Objection was here made by the defendant that the answer sought
would be immaterial.)

The Court: Well, I don't know what it is, ask him the question.

Q. Didn't you tell Gantt the reason why Frank said he was going
to turn you off.
A. No sir.

Q. Didn't you tell Gantt you was going to turn you off unless you
would permit him to do with you what he wanted to do.
A. No sir.

Q. No such conversation ever occurred?
A.