1468 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: The State submits, with reference to Ground 7, that the same is wholly insufficient; the evidence set out as having been given by Mrs. Ethel Harris Miller and MR. L. LEPOFF being merely cumulative…
1469 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: The State, answering Ground 8, submits that, under the law, the fact that Dewey Hewell has changed, if such be the fact, her evidence as given on the trial of Leo M. Frank, would…
1470 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: Also, the affidavit given by Mrs. Maggie May, nee Griffin.These affidavits establish the falsity of the claims as containedin Ground 8, and show in a measure the tactics pursued by this defend-ent in his…
1471 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: Answering Ground 9 of the so-called extraordinary motion of thedefendant, Leo M. Frank, the State submits, as a full and completerefutation to the said ground, even if it were otherwise sufficientin law to warrant…
1465 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: The State submits that Albert McKnight has told the absolute truth, and that no new trial could possibly, under the rules of law as laid down by the Courts, be granted under the showing…
1466 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: 6. Referring to ground 6 with reference to the newly discovered evidence of Mrs. J. B. Simmons, the State shows, that this constitutes no satisfactory ground for a new trial, because first, this evidence…
1463 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: 5. Replying to paragraph 5 of the extraordinary motion, the State, for answer, submits the following as being a complete answer and reason why no extraordinary motion under the law should be granted on…
1464 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: Also the State submits as a complete answer, the affidavit ofAngus Morrison, andAlso affidavit of R. L. Craven.Also the State submits affidavit of H. B. Pickett.Also the State submits the affidavit of W. W.…
1467 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: The evidence as to the general character of this witness, is sufficient answer to the charge that the State did not introduce her, even if there had not been, as there are other reasons…
1459 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: For one illustration of such a statement on the part of Frank's attorney aforesaid, see p. 2932 of the stenographer's report of the evidence, where he said: I have asked Miss White, a witness…
1460 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: State, that Magnolia Kennedy, the defendant's witness, saw thehair, they failed to ask any question,with reference to theidentity of this hair, and the State could with much more showof plausibility contend that because counsel…
1461 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: GROUND 3.In answering Ground 3, the State attaches a copy of an affidavit executed by Mrs. Cora Rich, which in itself amply disproves the contention of the defendant. The statements with reference to diligence…
1462 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: GROUND 4.With reference to this GROUND, the same objection is urged against the granting of a new trial, as heretofore referred to.We submit that if a verdict rendered after a trial lasting approximately thirty…
1454 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: --2--For specific answer to the several grounds, the State of Georgia hereby shows:GROUND 1.In response to Ground 1, the State says that the same is not in any view sufficient.The facts with reference to…
1455 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: the handle and they got around my finger."Quinn was a witness for the defendant on the main trial.Miss Grace Hicks was sworn by the State, and in Vol. 1, p337, of the official stenographer's…
1456 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: "Q. Did you discover any hair on there anywhere, identify any hair? A. Mr. Barrett called me and showed me that hair at the machine."Q. And you identified it, didn't you? A. Yes sir."Q.…
1457 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: The attorneys for the defendant, under the law, propoundedin this case certain questions to Dr. H. F. Harris, sworn by theState on the trial of this case, said Harris not having beenasked either by…
1458 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: The said Harris was sworn, as the record shows, long after counsel for the defense had cross-examined Miss Grace Hicks, as shown by the record, and the State submits that the record itself shows…
1451 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: 4. The defendant also strikes ground number 6 of the original motion.5. The defendant further amends by striking ground number 12 of the original motion.6. The defendant further amends by striking from paragraph 13…
1450 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: ward hair which was alleged to have been found by Barrett on the lathe, and the said Cora Falta states positively that the hair on said lathe was not the hair of Mary Phagan,…
1452 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: (ORDER OF May 6th, 1914.)The recitals of fact contained in the grounds of the foregoing motion for new trial are hereby approved as true.This 8th day of May, 1914.B. H. Hill,Judge S. C. A.…
1453 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: (RESPONSE TO EXTRAORDINARY MOTION FOR NEW TRIAL.)STATE OF GEORGIA, ( ) No. 9410Vs. ( ) Superior Court of Fulton County.Leo M. Frank. ( ) Conviction of Murder. July Term of ( ) Fulton Superior…
1449 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: (6th AMENDMENT TO MOTION.)GEORGIA, FULTON COUNTY.Now comes the defendant Leo M. Frank, and herebyamends paragraph 2 of the original motion by striking therefromthe following words: "that she was an employee of the NationalPencil Company…
1448 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: (ORDER OF May 9th, 1914.)The recitals of fact contained in the grounds of the foregoing extraordinary motion for new trial are hereby approved as true. This 9th day of May, 1914.Benj. H. Hill,Judge S.…
1447 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: State of Georgia, No. Fulton Superior Court.Vs. Conviction of Murder} July Term,1915Leo M. Frank. Extraordinary Motion for New TrialGEORGIA, FULTON COUNTY.Personally appeared before the undersigned Leo M. Frank who, being duly sworn, deposes and…
1446 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: Sworn to and subscribed before methis 30th day of April, 1914.D. I. Mac Intyre, Jr.Notary Public, Fulton County, Ga.STATE OF GEORGIA,Vs.Leo M. Frank.No. Fulton Superior Court.Conviction of Murder: July Term1913. Extraordinary Motion forNew Trial.Georgia,…
1445 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: Miss Mary Park, Miss Jimmie Wayfield and Annie How.Georgia X Denham markSworn to and subscribed before me,this 30th day of April 1914.J. O. Knight,Notary Public Fulton County, Ga.(Notary Seal)Corrections made before being sworn.J. O.…
1444 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: of the shoulder.Affiant further states that she related the above facts to the detectives who were then working on the case and that her affidavit was taken by them.Affiant states that some of her…
1443 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: Deponents, nor neither of them, did not know of the existence of the letters attached to the affidavit of Annie Maud Carter, which is attached to the amended extraordinary motion for new trial and…
1441 Slide – Georgia Supreme Court Leo Frank Appeals Documents, 1913, 1914
Visible Translated Text Is As Follows: Donham would testify as in said affidavit set out, nor could they have ascertained same by exercise of due diligence.1.-D. Because of the newly discovered evidence of Cora Lavender Lafeew, which evidence so newly…