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…
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…
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…
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…
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…
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…
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…
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,…
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…
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…
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…
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,…
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…
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.…
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…