1501 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: LEO M. FRANKVS.STATE OF GEORGIAREHEARING MOTION FOR NEW TRIALFROM CONVICTION OF MURDERIN FULTON SUPERIOR COURT.INDEX TO BILL OF EXCEPTIONSINDEX TO BILL OF EXCEPTIONS PRESENTED BY ATTORNEYS FOR PLAINTIFF IN ERRORMOVANT'S EVIDENCE, Pages 1-60.STATE'S EVIDENCE,…
1502 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: ARMSTRONG, MRS. L. L. (State), Page 62.ARNOLD, HELL (State), Page 131.ARNOLD, REUBEN, ET AL. (Movant), Page 37.BAGHIAN, PROF. G. A. (Movant), Page 6.BAILEY, MRS. MAUD (Movant), Page 56.BAKER, HARRY (State), Page 141.BARRETT, MRS. MAY…
1499 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: Filed in officeof theClerk. 191_Transcriptof RecordNo.The State ofGeorgiaVersusLeo M. FrankFileNo.Term, 191_Atlanta Circuit
1497 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: (ORDER OVERRULING EXTRAORDINARY MOTION.)After hearing evidence and argument on the application of Leo M. Frank, his extraordinary Motion for a new trial the same is hereby overruled and denied.May 8th, 1914.Benj. H. Hill,Judge Superior…
1498 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: STATE OF GEORGIA,County of Fulton.I Hereby Certify, That the foregoing pages, hereunto attached, contain a trueTranscript of such parts of the record as are specified in the Bill of Exceptions andrequired, by the order…
1496 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: The State insists that this Fifth amendment does not containa single extraordinary situation such as is contemplated by lawshould exist before the solemn adjudication of a court and juryshould be set aside. However, the…
1495 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: evidence shows that said Holloway was thoroughly in sympathy with the defendant, and hence the State insists that the affidavit of said Georgia Denham is shown by the record, through the mouth of Holloway,…
1494 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: REPLY TO FIFTH AMENDMENT TO EXTRAORDINARY MOTION FOR NEW TRIAL.oooooooooSTATE OF GEORGIA,Va.Leo M. Frank.(1). No. 9410.( ). Fulton Superior Court.( ). Extraordinary Motion for New( ). Trial.State of Georgia, responding to the fifth amendment…
1493 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: this court a judgment overruling and denying this application for a new trial, because the State insists that if the transaction referred to in this amendment was true of belief, there would be no…
1492 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: whose presence was not requested or desired; that among those visitors was one whom this Respondent has every reason to believe was working in the interest of the defendant; that this party presented Respondent…
1491 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: said paper, which was introduced on the trial of the originalcase, said Conley said, responding to said rule:"11. Respondent shows that through no fault of the CountySheriff, a sufficient inside force of guards has…
1490 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: mother, Mrs. Mary Barrett. If Mrs. Maud Failey and Mrs. May Barrett, who was an employee of the pencil factory at the time this thing occurred, really knew what she now would have this…
1489 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: and believes, being pursued and followed in reference to other matters in connection with this extraordinary motion for new trial in behalf of the defendant, Leo M. Frank. The State will be able to…
1487 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: (STATES RESPONSE TO AMENDMENT 1, 2, 3, & 4.)State of Georgia, (1.) No. 29410.Va. (1.) Fulton Superior Court.Leo M. Frank. (1.) Extraordinary Motion For New (1.) Trial.GEORGIA, FULTON COUNTY.State of Georgia, answering the several…
1486 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: Answer Ground 18, the State contents itself with showing thegeneral bad character of the witness referred to, viz. Mrs.W. Jaffe. This is shown by affidavits of W. H. Orr, and J. L.Moore and Bass…
1488 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: the case of the State Vs. Leo M. Frank. As a matter of fact, the said Conley could have assisted the said Leo M. Frank in the disposition of the body of Mary Phagan,…
1485 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: As to Ground 17. The State, recognizing that the law is that a new trial could never be granted upon the mere ground that some witness sworn in a case has repudiated the evidence…
1483 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: As to the 15th Ground, while submitting that the same does not constitute an extraordinary case, even if true, the State says that this ground, among other grounds, in view of the facts as…
1484 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: As to Ground 16: In answer to Ground 16, the State contents itself with setting out a copy of an original affidavit given by Miss Helen Ferguson.Under no view of this case, could this…
1482 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: As to Ground 14-1/2. With reference to this ground of the motion, the State submits affidavits of J. W. Gantt Also affidavits of Philip Chambers, As a matter of fact, no one could possibly…
1478 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: As to Ground 13. The State, in answer to this ground, submitsthe evidence taken by the defendant before H.D.Smith, Commissionerappointed by this Court, and also attaches hereto affidavits by MaryRich, which not only absolutely…
1479 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: The defendant has not stated frankly at this time why he is soanxious to procure this evidence from Mary Rich.Also the State, in response to this ground, submits an affidavitof F. J. Welborn, a…
1480 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: The absolute worthlessness of the evidence of Mrs. J. B. Simmons, as referred to in Ground 13 of the extraordinary motion, has been duly disposed of in replying to the ground dedicated alone to…
1481 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: In reply to Ground 14, the State says that, even if it be truethat the said C. Burtis Dalton has changed his evidence as given byhim on the trial of the original case, this…
1472 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: Also with reference to Ground 9, the State respectfully refers the Court to the affidavit of Mrs. Carrie Smith, and the affidavit of Mrs. Nash, nee Griffin, flled with reference to Ground 8.With reference…
1473 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: To Ground 10, as a full and complete answer, in view of the law obtaining with reference to such matters, the State submits that the affidavit of Mrs. Mamie Edmunds, nee Miss Mamie Kitchens,…
1474 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: As to Ground 11. The State insists that no case does not constitute an extraordinary situation such as is contemplated shall exist before the Court shall set aside a solemn verdict rendered unanimously by…
1475 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: As to Ground 12: The State submits that, at best, this evidence, if true, is merely cumulative. The plea of alibi constituted, as will be seen by reference to the brief of evidence filed…
1476 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: on this extraordinary motion, says however, that it is nothing, butright and proper that the Court should be informed as to what Frankhimself said in the evidence on the hearing before the Coroner, as…
1477 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: changed these statements on the trial, and said, as will be seen by reference to page 3201 of the stenographer's report; "I continued on up Forsyth street to Alabama and down Alabama to Whitehall,…