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• . _ GROUMD 1» 

W» A>^GHE13LIITG> Sworn fOr the State# I am the iindert^er_wiio 
teofe-rcharge of the body of Mary Phagan and who swore upon the trial 
of'the oase of the State of Georgia vs. Leo 1*U Prank and Jim Oon-^ 
ley. On Sunday mo.ming, April 27^191^, one of the first things 
that;'! did was to clean up the body of Mary Phagan,and amcng other 
thl ii^g I V7 ashed her hair thoroughly with pine tar soap. The ef- 

feo'' of pine tar soap on hair is alv/ays to change the color of the 
an& os 0^ matter of fa^the v/ash ing of Mary Phajyan^.a hair with- 
the pine tar soap did change the aolor of Llary Phagan^s hair. It 
rendered the hair lifter. This change v/as veiy perceptible to 
the*eye. The-effect of washing the hair with pine tar soaiD was not 
only to out out the dirt that had gathered in the same, but ^so 

t ook out and off, of the hair all of the oil v/hich is usually found 
on the hair of living persons. Mary Phagan was buried on Tuesday 
following tlie day that I washed h^ hair. I have been an underta]cer 
for eighteen years, and 1 personally know that it frequently 
happens that hair on dead persons'* hqads grows both in length and 
size. ^ 

J»W. COLEMAN. Sworn for the State# I am the husband of Mrs .Pannie 
Coleman. Mrs •Fannie Coleman was the mother of Mary Phagan,who was 
killed at the National Pencil Factory. I am the step father of 
Mary “Phagan• I have ]mown Mary Phagan for oboiit four years before 
her death,and she lived with me and her mother in our home,from the 
time of our marriage up to the'time of her death. I saw the hairs 
which wore taken from the lathe handle in the pencil factory. I saw 
them at the City Police Headquarters. They v^ere exhibited to me by 
city detective Black. The hair exhibited to me by officer Blaok 
resembiid in every way,that I oould Jyejj^y_ the naked eye 
"^f Mary Pha gan7 I — ic oked at the hair closely and did my best to 


aarrive a true oonolasion,and to •the best of my Itnowledge and belief^ 
the hair exhibited to me by officer Blaok,as the hair recovered 

I ♦ 

from tho'lathe in the factory, was the hair of Mary Phaga,my etep- 


dau shtflr .who was skilled, at the ffto4»ry«^!DMs halr^7as -«Eht^it©4Mro- 

me a few days after the Tcilling. ' *' 

81 , ■ . .. _____ ■ ■ ■ i'l 

JOHN R# BIiAOE^* Sworn for the State* I am the party referred to 
in the a'bQve affidavit of Mr^John W#poleman,and that I did so ex- 
r hi'bit the hairs recovered f^om th^ factory and delivered to me as 
the hairs recovered by Barrett on the^ lathe af the National Pencil 
'Compam, andTihe hairs examined by said J#iy*Ooleraan are the same 
hairs reoovored and said J»i7*0oleinan did as above indJc ated state 
upon eKaxnihing said hairs at the aity police headquarters, that 
to the best of his Ic^wledge and belief they v/ere the hairf of 
Mary Phagan-, who was killed* These hairs examined and referred to 
in the above affidavit of Mr*0oleman are the same hairs that were 
delivered to I)r*Harris at the State Capitol, I being present when 
said hairs were delivered to Dr •Harr is . ~ 

LIES •L»L#ARMSTROIIC, Sv^orn for the State# I _a_m the px^jprl^tor—of-- 

the Sanitary Hairdressing School at 100^ Whitehall Street. During 
- the many years experience I have had in the business of hairdress-^ 
ing and dealing in human hair I have examined hundreds of speci¬ 
mens of hair and Imow i t to be an established fact that hair from 
the some head often varies widely, both in color and in texture# 

^ikS a gener£3l rule sanples of hair taken from the ends of a long 
strand of hair are of a lighter shade than samples talcen from clos¬ 
er to the base* It is also a-faot th; t a small sample of hair, con¬ 
sisting of only a few stfands, when compared with a larget sample, 
of hair from the same head, will almost always look- lighter in 
ocloiT, especially if 'lie hajx is of ^^ight shade. Attached here¬ 
to is ~a small sample of hair v/hioh I myself out from a persons head 
today. Examination of this sample s^ ows that’bne old is muoh light- 
' _er__J.n color than the other end,the light colored end (a slightly 
~ reddish color) being the extremity-of the hair and the darker brown 
colored being the end next the scalp. I-have seen many oases like 
this,and some in which the variation in color was even more maiked 

“(Attached to the affidavit is the hair referred to therein) 

__JSL-iJ.Qnal Penoll Company and have been there about a year aid a half# 
j- I have read ground #8 of the extraordinary motion.for new trial 

‘ in the^ove case and they have me quoted as saying”the said Jinmle 
llayfleld now states positively that the heir^hdwed to her by the ! 
S2 BaCTr* tt>waa not the heir of Mary BhaRan, and tha-t; a 

- ;H 


ontlfely too ll^it in oolor and vciB notio'f the B.aDie texture as 
that of Mory Phagan." This statement is false and untrue. I did not 

^ay pos iti v ely th at it was not Mary Phagan's hair. for I did not _ 

Imow.and do not know now. I did say that the hair Mi-.Barrett showed 
me was too light for Muay's hair,hut I oould not say positively 
that it v/asn't her hair. I have road the foregoing statement whioh 
I made in the presence of officers J.II.Starnes. ani Pat Campbell 
and ray father and mother,Mr. and Mrs.S.I.Mtyfield. 

MRg. CORA PALIA. Sworn for-the State. I have been v/orking at the 
National Pencil CompanyJis faotoiy for five.years. One Monday, 

“Xpril 28,1913, we were ill at work and Magnolia Kennedy come running 
in Ih^ j Qom and -sald. "we have found some of Mary's hair on the 
lathe machine" and we all quit workand went ou t there a nd looked 

at it. I just did take a look at it and then walked away, and I _ 

could not say how raahy strands of hair were on the machine, and I 
said "Mary's hair was kind of dark and that hair looks light",and 
thai I wallced away. That is all I said about li . About ten days 
ago,Mr.Burke come down to the national Pencil Company to get me to 
sign an affidavit regarding the aolor and texture of M.=.iy Phsgan's 
hair ,and he had the { written out when he came, and he read 
it to me, and that affidavit quoted me as saying that "I would sv/ear 
positively that the hair found on that lathe machine was not Mary 
Phagan's because it -was too light and not of the same texture as 
Mary Phagan's hairj’ and I told Mr.Burlca right then that I did not 
sey positively it wasn't Mary Phagan's hair, because I didn't loiow 
TiThether it was o_r not. - a nd -d : — to ld Mr.Burke ho would have to take ~ 
that'p^t of it outLpntJie said that was all right, tliat they would 
fix. that all right. V/hen I told Mr.Burke to scratch out that part - 
of it, about swearing positively it wasn't Mary Phagan's hair, that 
:Mg=fflaaqjf hom- I rhav-e-^noe-leam^ea-ts^iaf,-Lekon-, tt^ome-Tl^ =up'-^tw=^ 
me and said "Oh,no,- of course not, none of us-onn say positive, 
but wa w i ll fix th a t all rlghlr" - . — I h e ld tip ny hand and SWOre t6 ~- 

this affidavit when thqy said they would scratch out that putt I u 
Jbold^them to. I did not know then an^ I do not know now wheth'er*'! 
that ITary Tbagan's hair whloti was''found~on t he latho. Z l have . 

Just been shown a copy of the extraordinary motion for a now trial 
in thoabove,;8lr4:teA ohse,-md in ^ound #g. pages 6 and 6. they 

have me quoiied as saying ”positlT^y~that the hair on said lathe 
■ was n6t the hair of Mar y Phagan, Wid that the sam e v/as ontiroly 
too light In color and not of the same texture". This statement is 
" absolutely~falso and untrue. 


BASS ROSSBR. Sworn for the State. I have examined the stenograpti- 
er*s report of the trial of the oaseof State vs. Leo. I.I.Prqnki 
Same oomprises seven large volumes, v/ritten on legal oap paper, 

* f 

an-d covers 3,647 pages. 

5t h GROUITD, 

;XBPRT ItOKIIIGH? , Sworn for the State. I have* heard read to me the 
affidavit v/hich has my signature on it, and which I sv/ore to be¬ 
fore G#C.February on the 16th day of April, 1914>and v;itnessed by 
' 'Seve^'al white men,this being the affidavit that v/as talcai from me 
at the police station recently. This paper is just exactly as I 
spoke it. This affidavit is absolutely tru.e. The reason I made the 
affidavit for Burke was because he kept an after me. Burke came to 
me and told mo that he would get me a job at the Teiminal Stjtion, 
making OlO.OO a week, and he said the tips I would get aroiuid there 
would average OlOO. He asked, mo how muoh I was making, and I told 
him -57.00 a week. He asked me hadbn^t I rather have a job like that 
thsn have one just making 028.00. I told him yes. He says,";7hy 
donH you go on then and tell me the truth,says, that ’’there isn’t 
pne out of a hundred, believes v/hat you told on the stand." He tasked 
me oould ho leam me how to drive his automobile,and I told him yes. 
He-^ay 0 ,"v/oll,th 0 n, if you v/ouldn’t like the job around the Terminal 
• Station, I will leam you how to drive the aar, andmove you in a 
little house out near me, and Ilinola oan v;ork for me if a he wants to. 
The jot he got me was a jot at a guano hoiise. I wouldn't take that 
■70t7“?5xd he sontnat^hen "down tio^S.o lioen “Bros., 525 Deoatur St .paak-- 

. Ing hides. Sohoen Bros. ai’e Jews. I vroriced dovm there five days. I 


lays off then tintll next Monday. He promlBod^'fchafc' (Dorminai job ana 

never gave me that, and promised to lea.rn me to "drive hisautomo- 
•. - ■ r ! 

■ 'tile and, didn't" give mo,that jot. I. got hwt at a crossing on Mo- 

:Daniel Street. I was hiding out to keep away from the doteotives. 

Buiko told me that they were looking for me.;birmak 0 a witness j 

_maJ. n t h e -aon3..yft-oa8.^—ihiB - 1 e - j Hie--fira-b-l^togir"they-w^ 

ri w 

looking for me* He told me to leave tovm that Sunday tofore the 
.--Cjonley’ ease creme up the next week# lie told me not to let them cet 
me by any means# I asked him if I v/ent to Stookbridge to my Inother's 
would that be oil right, and he said yes, just so I got out of town 
and didn^t let then get me. After-I was hurt they* tokk down to 
ITairhaven Hospital,colored# V/hen I v/as dovm there Burke came down 
and koMiKhgxkxiEX brought a man by the none of Burns and some Jew, 
whose name I don’t ’oiow# Bums wont over with me,in B^.irko’s presence 
the same things that I stated to .Buike,and I told the same thing,I 
told ^rko,l>ut Burke knew that I was not telling the truth. I am 
now stayingat the poldoe station beoausc I wan^ to stay there to 
keep Burke and his crowd from worrying me. V/hile I v/as over at the 
hospital,while Mr.Burns and Kr .Burke v/ere present,they tried to get 
me to say that the oity deteotiveB beat me up. They asked mo if I 
v/L B sure the train hit me, said I had a soar on the back of my herd, 
and I couldn’t have got_bruised up by getting stiuck by the train, 
that they believed the doteotives boat me up .They asked me "Bo you 
Imow for certain that the train hit you”V I told them yes sir. Burke 
gave me the attached car*^ "and said to leave town,and if any^ of the 
detectives got me to oall him up and he vrould come to see about me. 
ITobody has mistreated me since I have been jfcayj^ng at the stcition 
house* I h'l VO road over au 3 best as I ooiild this affidavit and the 
affidavit I sv/ore to before a.O/Eebruary ,on 16th^of-*ixpril,1914,nitl 
I have written my name on oaoh page to this affidavit,^nd of that 
affidavit, both of whioh I say contain true statements. 

(Attached to the above affidavit is the card of G*V/.Burke, 
referred to in-the affidavit, wi t^l the name Albert IlcZnight written 
across it-)-i-—-— 

Mr “.Burke oome out to my house three pr four times to see 

—“me In^he“afternoon,but“he^idn^t- catch me-there unti-JT^e-^h^ made — 
the third or fourth trip,and he caught me there at seven thirty and 
-1 waB in^>-d,aiid he sa t - d own and t alked to mo,the way pe ci pl e - de—- — 

arfl that I had to die,and if 1 had to die then did I think I would 
- go to heaven and ail like that and I ejid yes, ard all the time I 

knew what, he was after, for me to ohangemy affidavit, and MinAiia , V 
v/ould tell me at night that these fellow had been out there t o see 

me, and I said what for and she claimed she didn’t Icnow, and he come 

eeoond time tuid I wasn't ■there, ana he oome apain, i thi^ it 

■ WJjB Thursday or Friday, and I wouldn't make him no affidavit, .and 
then he saya-aix will ocme to eee you Sunday afternoon,v/lll you bo 
here,and I sdid yes sir,and he said I will be here at 2 or 3 o'olook 
and I said all rl(];ht,and so he oome out there that evenlnc. There 


wae nobody v/ith him that Sunday I give him the affldavit,and he 
told mo,he says "there isn't one out of hundred that v/111 believe 
what you testified to on the stand" and I says "I oan't help tha.t, 
it was the ■truth" and he..said "that is a dofnned lie,you ]qiov/ it 

alnt the 'truth,v/hy don't you tell me the truth now, your wife has 


told me tliat you told her lt_wa8n't the truth" and I told him I 
d idu ' t _ t.e 11 her that* He v/anted me to make another aff Idavlt ,and! 
hesald "didn't Graven offer you a v/hole lot of money or give you 
some money to make the Df'fldu'vit" and I s aid n o he didn't promise 
lie nothing, I made it of rny own free will" and, I,Ir.Burke keeps after 
me until I v/ould say I v^ould make, him one and so I said all right 

• ^ and I said I don't Imow 'nothing about it? I \YaBn't there on that day 

I was ther.e at 12 o'olook and I'eaves there at 12;30" and I says 
"I was not t.t, home when I.:r.Fra 2 ik oome in,whether he was thero or 

not, I d^n't know for I wasn't thero" and !.:r-,Surke wrote all. of 

that down,and I tdld him all of this affidavit v/as a lie, tuid that 
it was made up, and when I told Ltr,Burke it was made up by me, 
he ’..rote it down as LIr.Graven preparing it for me, and I swore to. 

•it, bit I didn't toll him Mr,Graven prepared it forme, and he says, 

■ he asked mo a v/holt lot of questions,ha said if .1 hadn't changed. 

affli.iavlt ana told the 'truth the Jews wore to do something 
to mo,he never did soy v/hat thqy would do only he said they would 
kill me if I hadn't changed my statanent and told the truth, and I 
told him that I tald the truth the first time,and he says I gainwS 
^ nd B~by=-aii&a gin- g: jayzrafeafeetaeaf y ~ l~tt: e-'TOT'~cl -ljd ■ aiak e- bu^^ne 

statement to Ikr^urke,but I have signed throe or four for him, I 
signed- one yes-terday for him, I was at the Terminal Restaurant, 

and Mr.Burke oomes in the qgpk room wher e I was at and said "hello 
Albert*' arfl he said "oome on there are two fellows out here wants.. 

' "yoii-, b t I didn't know who the y were, and I goes jn wltb . ' 

him and goes^to the colored we,iting room and Ifr.BtHke stops in,the 
hall ..where-the white folks go te the. trains, and he talkedwi-fii 





uhe head maai und mo oxid'these other two rellovTS were sttuiding in 
the waiting room and ho reads this affidavit over to me, or pre~ 

tv^nded to read it to me,whatever 'he read sounded like this first 

"affidavit I made for him, and I si^ed it, .and after I signed he 
sa^ "this is your aff idavit “theh'Te it" and I said "yes sir" and. I 
helS niy right^ hand and swore to it and he says all right good 
Ijye and thq^ passed by Mr.Burke and I goew baok into the oook room 
end Mr rBurke never said anything more to me at all,and he tells Mr. 
Boyd to discharge me from my job, and Mr .Boyd said when tesrand said 
.right now. The reason I quit the Book & Gregg Hardv/are 04# Ln?. 

Burke said he would get me a better job, V/hile I was at the hospital 
Mr.Burke oalled on me and asked me if I was suffering for anything 
and I told him no, I don^t remember howmany A i alagg times He come 
out there to see me, but he come once or twice Viefore I got my senses, 
' I;!r‘ 4 -Burns oome to see me while I was in the hospital and he read the 
affidavit to me that I had made to Mr*Burke,and he asked me if it 
was true and I told himmyea, end he' just went over a whole lot of 
__gu 0 S'y.^n_ 0 _that Mr_.Burke had go tt en. That was while I was side in 
the hospital. The affidavit thost two fell;ws got me to sign over 
at the Terminal Station y/qs already typewritten v^hen they brought 
it aver there, I dldn^t have to say anything. The only paper that 
was written in my presence was the first one I made at home. All 
the, others that I have signed,which have been at different times, 
we_re alr^dy writt^ when th ^ v/ofe brought to me, and they read 
something to me,I suppose they read what was in the papers. The 
— first, aksfcB affidavit I made to the officers and in court ts the 
_truth and all th'e others are false# 

R#L#OBAV]aiT . Swom for the State. I have knovai Albert MoKnight for 
pver a year, I did not know v/here he lived or for v/hom his wife 
" worked,or that he knew anythin g a bout anybody related to Leo M# _ 

Prai^k in any way until one day I happened to hear:Albert malce a re- 
mrk to enothor negro about Proak# That attracted my attention, 
and I asked v/hat he Inie.v about Prank, He- said ha ought—to knaw,^^”! 

his wife had been working, for Prank about a year and a half. I ' 
went on-to question him to-tell me-wh-at-ha knew about-it. Albert 

Qri said. he. was at-the Gelig home when Mr.Prank oeme in at lunoh time, 


said Prank came in 

he si deboard, look-* 

1 vd in. the letayed In there a few minutes end tusaiel 

arotiM an.d walked out and ha told—ma other things oonneoted with 

that matt©r-'at■ that time. I asked him to make a statement and ha 

__saw he was afraid thqy would locfc him up. I told him ho needn’t 

he afraid if he told the tj^th, and if ho knev/ anything and it 

was the '.truth, he ought to tell it^ and ka I oautidned him not to 

tell anything hut the truth.and to ho very oareful what he said, 

hoooxBe it was a veiy serious matter to aoouse a man of a crime 


of that kind unless it was absolute fact. He alsa/mo v.-hat his 
wife, Minola MoKnight, told him,whioh was as follows: That Lliss 

Iiuoile was telling lIrs.Selig Mr .Prank come home and uo^od like he 
was drunk,didn't sleep well and made her get Out of the bed and 
sleep on the rug by the bed, said she wonted- to Icnow v/hat was the 
matter, and he said he had murdered somdboBy. Afterwards I told both 

• Mr,E*iI.P16kett nnd i,tr,Angus Morrison. Albert told me his tale ord. 

I ifr6te it do\vn. I told Mr .Morris on to got in some place where he 
oouid hear me taik to A bert ab ut it without Albert knowingJHr, 
Morrison was listening. I did that, and Albert repeated the same 
sto:y he had originally told me, and I then also,in addition to 
letting Albert toll me,read it over to Albert so^Mr.Morrison oouid 
hear it,and Albert was right there wlb h me, helping to read what 
—I-had-wx-lttcm .out. -I read it slowly,so he oouid understand ev^y- 
thing. He saJd what I had written down -.vas true, and he afterwards 
swore to the same thing on the stand. Afterwards he—swore to - the 
same paper which 1 read ov<r to him. paper is hereto attached, 
mwked Exhibit "Ai- anfl made a part hereof, same being identified 
by writing ihy name on it. Nothing was ever said at any time by me 
v/iUi referenoe to any reward, and. I have never put in any claim for 
any reward, and' I do not now claim a reward, and I do not expect to 
make any apolloation f or any reward, and do not want any reward. My 
—ihteres^-iTfes.^imply—1 0 —get—at—the—truth-.—MoEnightr’s~tajLk'wlth 
anothe^ j^egro v/as simply overheard by sue and be made every stataiet 
... t ha t —he- m ad e.t o me wj t 4t-r e- f e r - 6no e to what ho imew-about this fr e eJy — 

and voluntarily without any threats of any kind or character what¬ 
soever. I neither threatened him nor paid him nor urged hiiiii but did 

from from time to time mtga oautlon him to tell nothing but the ' ^ - 
88 sndeavorod in every way'that I oouid to impress ppon 

•^posi t T^ t -e- te ll wfatt he told un- 

k*. It 



lego It w ag , the truth* I was prese-nt at the- police headciuarterg 
when lilnola MoKnicht made her affidavit sustainine everything 
^ that Albert MoKnight eaid to me, Albert the presence of 
his ulfe .Minola Llolinight,stated that what he had said was the 
truth,and Mlnola I'ioXnight at last admitted that it was the truth. 
George Gordon,t 7 ho olalmed to the attorney for Llinola McICnight, 
heard every v/ord of the pe^er which Mlnola MoKnlght signed, read 
over to Mlnola MoICnight ,and was present v/hen Minola Llcriiight signed 
her name to that p^er,v/hioh she ofterv/arde repudiat ed ,and said 
. George 'ordon questioned :anxJjcLJM.QJiiiight in rny presence about some 
statements contained-in that offidavit,and Minola MoICnight told 
him in my Lo'ring that the statements were true. Albert MclCnight 
■ was also present oiid heard everything that ocourred aid was urging 
Mlnola MoICnight to tell the truth. I hoard J:N.Starnes .detective, 
tell Mlnola MoKliight before she signed her u'per,tho.t if she oould 
tell him anything favorable to ITrank.that he wanted her to do it,be¬ 
cause he would a good deal rather hear something favorable to hliji 

thai something against hli.'.,and he further told Minola MoKnight in 

the presence of her att ornoy.Gecr go Gordon,and li} the procence of her 


- husbona,Albert ’.ioKnight,"Now Lliaola.if this/not tlie truththut you 
are stating,donH you teU it." Albert MoICnight is pr* sent when I 
sign this affidavit and I have read over to him the same before I 
signed it,and Albert MoKnight says that wherein referenoe in this 
affidavit is male to him and what he said and did, the same is ali- 
solutely true; 

(Exhibit "A" referred to above 

^ fI;2lD0rt MdSnlght was'ot Mr.Leo M.I’ranlc'B home on East Ga_. Ave . the 
^Saturday the girl was murdered at the Penoll faotory on Eorsyth 
St. My wife liln oi a —i -s-oooking for Mr.E.-onIc and has been for aboiit 
two yei^rs. I was in the kltohen about IP. o'olook this-same Saturday 

that they s ay the gill was murdered• The door b_ell rung aid my_ 

IvTln^'a nvent^'o - fte^daor .-V/heir sli e~oome iiiaak'in th e^^Jrtciren*"l“~ 
asked her who it was at the door and she said Mr.Eftonk. She asked 
him if she must fix his dinner now and he said he did not want any. 

He did not go upstairs to see his v.l^ ^ she asked what went v/ith 
— Mr .l fr anT Ti we a n it - that him that Hom e JfIftjHE n ew^— Mr* Frank l e ft -^-hs 
house in about five minutes. I saw Irlm go out of the house and 
oat oh the Geoi^ la Avenue onr. I was at the house from about 9 A*M« 

■ Saturday on until abolTt S P.M* i went baok to Tlr.Prank^s 'house 
the next morning Sundey . When I v/ent in the kitohen my wife sold 
what da you thIrik lobe’s*Priink aald I.Ir.Erank said he had killed aome .. 
body an3- that-he rolled end tumbled ell night end said he oould . 

S 0 _e it looking at him and to give him-hie damn-pistol and let hlm^ 
hoot his (laito head off; V/bat made me do it,, a man like m^,-l must 
be: crazy. lfeB^#l'rank as ked her father and mother if she thought‘he ’ 
had really killed some one. He Imd been drinking, he made me get 
- o n t -,of-4}-ed-aflL^j3.9ep-4)n^tho-^£^^y;-the-^d---.-Thls--waB~told-tit-^ 

breakfast table Stinday miming and niy v/ife was listening from the 
— ^kitchen ♦-Then I^e« Prank: was only paying my v/ife v3>50 for week 
up to the Saturday of the murder aifl. they told her if she v/ould not 
' talk they would pay her v7»00 per week and she would not have to 
■ work'as lat.e as rhe had been doing* And for her to say nothing at 
oourt but wha.t they told her to say. They ^ve her .00 extra the 
day she went to court. They are paying my v/ife money all along as 
she is buying lots of fBessesand has money all the time. I oan 
tell Kr. Prank has dome something as they act strange. Lire. Prank _ 
tells LTagnolia every day not to forget what to say if they oome 
for her to go to oourt again. Mrs JPranlc had a quarrel with IvIr.Pran k 
‘^he Saturday morning of the murder she asked Hr .Prank to kiss her 

, good bye-and she said he was aartjg his kisses for fi _ 

and would not kiss her. Magnolia also heard Ilrs.PranT? sr,y she 
would never live vriLth him again for she know he he.d killed that girl 

E. E. PIQ*^I5TT> Swdm trarthe State. I have been working fort he 
Book & Gregg Hardware Company frr twelve ye^rs. Albert LToKnlght 
was discharged by me for some minor offense from the employ of 
the Book & Gregg Hardware Company some time immediately previous 
to April 2.6,1913. I ooninot recall the exact date and was not v/orlaiLng 
for me on April 26,1913, but came back to work for the Beok 
Gregg Hardware Company a few days after the murder, lut exactly hov/ 
many I cannot recall. Albert MoKnlght freely and. voluntarily 
■stated to me that he saw Leo M^Pranlc on April 26,1913, at the Sellg 
home betv/een 1 and ^^ook ; that Prank did not ent Kmayx any dinner 
and that he went over to the sideboard:,stood there for a few min¬ 
utes and lefT tin house in ten minutes after arrival, and made the 
other statosmentw which he swore to in the trial of the ctase of 
the State vs. Leo ^vl^p^ank. He not only made these statements to 
itn,one time, but many times. I have read over the affidavits this day 
signed by Messrs. .R.L.Graven and Agnus Morrison, and the same are 
true ,wherdL n they “ 0 ontaln statements which purport to refer to 
• those certain facts coming within my Imov/Iedge. I v/ae also present , 
at the polloe. station and heard v/hat occurred .there., as testified 
.to by Mr.Craven. After Albert MoZnlght made the statement to. LIr. 

0, Giid-befo rc'ahy-t^^^ was - ::: 


made public, I impressed upon Albert MoKnlght the Importanoo of 
telling the., truthj and f told him“tESf• ra^er no oiroumstanoes^oould 

he eaqpeot to get any reward or any money for what he .said he 


^lling to awfear. On t h e oth er hand I told him that it would prob-. 
ably ooaite hie wifa, Mlno!).a MoKnlght, to lose her. job and oould 
only result in v/orr y and t rouble to him, ev^-if what he said was ^ 

. true, my purpose beJi^g 'fco se. that there was no 


operating on his mind In telling^what he did# Albert LIoKnlght is 
' present when I sign this affidavit and has heard road over to him 
the same before I signed it, and Albert MoKnlght says that v;heroln 
reference In this affidavit Is made to him and what he said and did, 
-^te same is absolutely true# 

ANGUS LIORRISONt Swom for the State# I hav e been v;o rking fox. th_e._ 
Book & Gregg Hardware Company for fourteen years. I ho;rd the 
affidavit this day signed by R#1.0raven,diatated,ond I have read 
over and seen him sign that affidavit# In so far as the statements 
, in that affidavit refer to me, they are absolutely true# I oonoeal - 
ed myself in #S warehouse of the Beok & Gregg Hardware Company at 
the r0<iTresir-of Mr .Graven and for the purpose of hearing Albert Mo- 
Knight make a statement with roforenoe to v/liat he Icmfinq about Lea M 

Frank on Saturday,April 26,1913# I hei rd Alb ert MoIOiiRlit.-lieJU-- 

lir.Graven that he saw Leo LI#Prank bet\/een one and two o'olook on 
the "Saturday that Mary Phagan was killed, that Frank came homo, that 
he saw him through the looking glass,go into the dining room, that 
Frank did not eat anything, that he stepped over to the sideboard, 
and that Frank left the house within ten minutes after he got there# 

I also heard him ibell what Albert said his wife Minola told him 
n "b 0 ut. w Iiat 0 0 our red ,b e tv/en n Mrs #Luo il e Fra nk, Mr # Fr un k' s v/i f e, and 
IvIrB#Sellg, Smiday morning at the brealcfast table# I then he-ard 
Craven read over to Albert MoICnlght v/hat Graven said be Had written 

out and Albert said it was tie truth • I r^ver thought of any reward 
don't want any reward# I know the Solicitor General v;ell and I 
happened to meet him casually one day after I had heard the afore¬ 
said conversation# I told him that I oould him an important bit - 

of .inf ormation,but that at that particular time I vms in a hurry# 

A week or ten days passed before the matter was again discussed, 
then 3tames and Ganpbell oame up_and said i^hat M r#I>ore.ey had SMlt_ 

them to see me# I declined to talk to them until I had called Mr# 

Dorsey over the telephone , and he sar^r~rt~was all rlpjit and I then 
took them down to Mr;CravQai and lIoKnight# MoKnlght told the detect 
ives exactly the same th^ng he told Mr .Craven*Both Stames and 
__GampbeIl told him th^ if 4^^7aen*t tha -trutfar-to say sg»v MoKnlght— 

. then signed the peper, which Graven had read over to him# MoKnight 

U : I 

Hww^ oame. Ijaok to work after the newspaper published tho repudiat- 
Ion of his 0Vldenoe«4A4 ^ ^ ^ ^ 

- ?*■ POYD. Swom fbr.the State. I know 0»\7♦Burke. I run the Ter¬ 
minal Hestaurantf Albert LIoKnight was v/erking in the restaurant 


■ in the OEqpaoity as pot washer. On the 15th day of April,1914, 

Buike oame to mo and told mo that LIoKnight wanted to-quit, I did - 
not toiow IJoKn ight unt il Burke oame and told me that he wanted to 
quit, Lehon and another man v/ere with Buike at the time. Burke 
talked with MoKnight, I don't Imow hhw long, over in the colored 
oafe. 1 assumed that MoKnight wanted to quit and I let him go^ 

4TH gROimP 

■.‘•JiIQB I-IASJORIE IToOP^g). Sworn for tho State (before Coramissioner) 

I Hiave been employed at the Penoil factory for about five years, 

I have read the fourth ground in the extraordinary motion for now 
trial, where I am quoted as saying "positively tiie hair on said 
■ ■ la the v/a.s not the hair of Ilary Phagan and that the same v/as entirely 

too li ght in pq^r and was not of th& same toxturo as tha-^of Uaiy 
Phagan^J^The statement is not'true appipHrimi^, I did not sty '-osit- 
ively that it v/as not her hair, I did not say anyt|)iing about the 
texture of Itary Phagon's hair or the difference in the texture in 
her hair asid tliat found on the lathh, I don’t Icnow whether thero 
was any dlfferenoe. The hair found on the lathe, I said looked to 

bo lighter, than I.'ury^hagnn's..<»Or.''-*"4- 



PHILBipa. JH. Sworn for tto State.On or about T&iroh 6th, 
1914, I oalled at the tower for an interview with leo Ii,]?riui]a, 
and questioned him about the affidavit of Krs .Ethel Harris Hiller. 
He disoussod the matter at longrth and. in the course of h.1s conver¬ 
sation sail that sometiuie after the trial a friend of tie told him 

-^Ca rm esrly^K-l-gg^arr^te, =8aY/^im ~on "the orne r ~of=^ 

Whitehall and Alabarm; Otreots, on tho 26th of April,. "The moment 

j It riua iiiaiUiuuod I/O liio", Pl'Ulik'V'*ttre'' 

over my mind aiid I remembered that she b'ov/ed to me and the.t I 
. roy hat. Although I'had naturally raoked my memory winki-l for 

evely happening on-that-dajr-I-liad not roiaefiCobed seeing Mrs-,Mlllor 
untio the matter v/as montionad to me v^tor the trial.V/hen tlis matter 

was meat ioned to me,however, I then remon.bered how she v/as dressed 

. M 

4 -. 

and desorlbed h or_ _qosjfcjme__to rny fri ond w ho said:* That^ a r ight, 
she,\ 7 aa \70..>ring. olothos of that kind.’" 


~im > OAHR n IjIIITU, S\vorn for the State* On IJonday nicht,AprJl 20, 

^ 1914, at ahout 10;00 o’clock I was etandlnf^ at a wAinor atand im¬ 

mediately In tho roar of the Lletropolitan Club building near the 
corner of South IPorayth and V/eJ^t Hitchell StreetiD# man who had 
—r introduced himself to nie,v/ho had boen passing under tin name of 
■ j Had done and who i’e presented himself to be a book agent and said he 
was at t/ork getting up a book, come riding: by in an a^taraobile 
vihiola. stopped in front of the entroiice of the Lletropolitan Gllib. 

In this uatomobile ther' wore one. or two other men. I cannot re¬ 
member exactly,but I think there were two other men; at aiv r<.i-to, 
some odTlifiehi “got ou¥^of tho automobile and went into the entrance 
of the T^:1;ropolitan Club and tliis ;>an IJaddox o&me up to where I 
v/as. He bought him a weiner. This is the man v/ho said to me that 
he was an agent and was gettiiog up a book on the f'ranl: oo-se and 
tho-t his 0 ommiBSion .on the booik would bo .Jd0«00 -and ho told me 
if I woxiid sijn a oertaLn, paper which he 'broucht to me, ho would 
ij’ive me one telf of his codnmissILoii* I I’efusdd to si(pi tiie paper, 

I f ormerly '..orked off and on three yeafs for the IktiondL roncil 
Company and knew Tieo il.irarJc well. I was \.oll acquainted with his 
(jenaroljf oharaoter and reputcvtion and. I that his ctlii raoter 
and 3 sputo.tion are and were prior to the murder of I..ary Phagan.bad, 

I have read over my evide.noe as given on the trial of Leo LI*jPi’ank 
—.and say that tho same is true. I was present when twelve or fifteen 
girls-were in tine, office of Colioitor General Hugh 1.1 .Dorsey in 
! the.4<!lttQr ’^uilding',the day we were S',?ofn in the case against Leo 
• I Id.Prc.nk, This wcQ tho first and only tiraa that the Solioitor General 
. ftVAv tpiVfifi to ma,-He-atated that the law ahly allowo.d_oert ain_ 

questions to ix).asked and that there were certain answers, one v/ay 
or -the other, to Tjo given. He put the questione, viz,first "Are 

you aoqnaintod '..’1th the general oharaoter undr epxxtation of Deo M. 
Trunk?" If there vrere any present v/ho did not-answer tha-^ ^^^ . i . 
^t'was" only tjne^r' txTO'.aB~eerta~tnXy-iivost-ever^y~<nre- presen'^they - ^ - 

were. Ho then put the question,"Is that ohiXTaotor good or bad?" j 
and the girls answere4>^oludihg myself, that Tranic'a oharaoter ' 



' * 

, waa bud* Some. tlme'^after the trial of the aase I was requested 
, by Kiss Marie Karst to meet her for the purpose of going to a s how 
-r on the :7th floorcf _jbh.e-firant ■Rullding. I went up there and there 
found, this some fellow Kaddox who undertood to pay me 020 .00 to 
sign his affidavit. I.Iiss Liarie Karst was not present and. I did. not 
get to see her, There n a another man with lla-rie who undertood to 
taiJc to me uIb o aboiist the oase. After telling the Solicitor General 
on this April 20,1914,about how I was gotten up into the Grand 
Building,I went to. the same place in order to see whose office it 
was, I. find that the office they had i:me go~ti7 in v/hioh this 
man Maddox was seen by me, v/as the office of 'dosser,Branion,Slaton 
& .!?hlllipB, and the private office into which I went and wto re I 
saw this man Lladdax was'tlio offloe yzhioh has on the door thoreoi 
the none:"Mr.Slaton". 

JOHII n. ElACK. S^.'orn for the State. About 7 o'Gai.ook,on April E4, 
1914, 1 was standing at tiio aojner of 3,Pryor tnd; ilitohell Sts. 

■ v/lth O.Atlsom.when Hiss Carrie Smith oame. out of the Southern Bell 
Telephone Exchange aixl oame across Pryor 3t. tuid Llr.Isom pointed 
her out to me as being the same lady he had seen on April 20,1914, 
at the v/einer stand in the rear of the Metropolitan Glut on Por- ■ 
syth St, about 10;00 o’olook P.M,, aM I saw her stop ainL-talk—with 
B,A,Garner on this April 24,1914 there on Mitohell St. about 7 
o’oloolc,omi Iir.Isomtold me that she had on tne sunn dress that ste 
— had on the night he saw“her at the woiner s tand. * 

MRS.Li&GGIE HASH (formerly Griff in) , Sworn for the State, I herve- 

read over my ovidenoe as given'on the stand on the trial of the 
oaso of the State vs*Le£> la^Prtjnk. The same is true and absolutely^— 

, porreot* I am aoqua3.nted with the-{ 50 npral oharaoter and roimtali on 

of Leo Ll^IPraiUfi» It is bad«—I—am—— ao^uaintod — with the ^euLexa] 

oharaoter and reputation ■ of Leo M#Frank as to lasoiviousness , 

■ • _ _ _— - —- . ^ 

that during working hours ,a 3 ' stated in my evldenoo given on the 


stand, I saw'Ieo iUPrank go into, the lady's dressing room with s. 

„ - j;.woman_wlio—vzorked on tha-t f l«ori-saw-him go .in th ere "t hree or 

four times, sometlmee in the evai Ing and sometimes in the morning. ‘ 
94 . in there ns long as from 16 to 30 minutes, Co -far as ! 

‘ .toon .there. iraa_noJady els_9:.jJi.rjlfejt;tL-JQoro_ii!ith iifal g Tyopiga, 

at th 0 time# I dpn't know, of oourse ,^hut Frdiik and. this woman 

'do know tliat thoy were in tiiat room wliioh 

waSnauppdsed to be used only by the girls as a dress room, and I 
don’t knov/ of any business tfiat oould have been carried on in that 
room by Frank and this woman that was right and proper or oonneoted 
with the national Penoil Oompany’e busl ess* The key to thJB room 
...was carried by the \/oman I saw go into this room v/ith Loo Ll.Frank, 

’It was her iiniforra soon as the girls were dressed for 
work and \/ent to v^rfe^to look this rooip ani put the key in her 
pooket# I don’t know whether Frank ,v/h en he anJ this woman were in 

- that room together,wlieth-er the door was looked or bolted. I never 


did try to go in there whe-n- t h-e ^w - e re in. there,and so far as I iOiow 
no one else tried to go in on tiiem* I have read,myself grourd s G ond__ 
9 of -the extraordinaiy motion as filed on behalf of Lea LI.Frank 
in tfa& Clerk^s of-fioe of the Superior Court on the 16th day of Apil 1 
IBIS* The original paper is before me a^t the time I sign this affi - 
:?■ davitThe statements oontained In ground 8 are absolutely false 
in every partioular. I have hot made any affidavit to anyone v/ith 
reference to evidence as given on the stand# I have not made 
ahy statement to any person_oontrary lo whd; I swore on the stand 
. theevidenoe I gave on tlie stand is the truth in every particular, 
and I here and now re-aff inn and re-assert the ©videnoe as given 
on the staid and I nav say that LeO) li#Frahk is a man of general 
_ J)ad ohoraoter and r eput at ion ,bot h generally and in referem o to 
his relations with women# I merely knew Hewey Hewell* I never talk^ 
ed Y/ith h er in my exoopt the day she was up in t he office of 

the Solicitor General,Hugh LI#Dorsey,and she then and tfare vol¬ 
untarily t.old me v/ h at —she—was going to sv/ear on the stand# She told 
^ md she was going to swear exactly what she did swear. I did not 
"k riist “aixyliM'iig; atkaXLyt o- e^nae^G-~ 

the evid^noo thats,hwe sw.ore# Dewey Hewell told me she had seen 
Frank talking to Ikiry Phagan and had heard Frank ookl her-^^sry^^- 

j Dewey Hev/ell also told'me that she saw Frank one time on the 4th 
•'% . floor of the National. Pen oil Gompany.’s-plaoe of business, with hia 


aims around.a_woman,off in a-dork place near tho s tairway. She said 
she didn’t know who this woman was, but she got a good lo“ok‘at 



iil0f wan* I didn’t pay rnuoii aitontlon to 
what the eirl had to say. I talked to Solioitor General Hii# LI. 

t; J)cr sey In tii© prpsonao of IIr#La0B Kosaer detootlve# The (H&y 

I went on the etnnd ^eDorsey dame, into the room in his off loo 

where till of the girl a were ussjembled.inolud ing IIleB Ilollie v/ood# 

“ Mr#Dorsey stated that the tine hod now oorne v/lien the State would 

introduce evidence with reference to Leo LI#]Pranki:S general oharaot- 

each of 

er. He said he had been over and had taHted to/us separately .about 


the ovl.denoe we \/ere going to give, aid now he wanted to talk to 
us 3H together, and soo i: F ov o rybody u nderstood exactly v/hcfc questions 
would be asked. Mr.Doi’sey told us ho only wanted the truth and 
. nothing but the tnith. Pie also-.said that if v/e were not going to 
swear as we had told wea* v/ould swear that he wanted us to ^ay so 
then and there in order thul he mlgjit be saved and time and trouble 
of putting the witnesses on the stard# He then said,I will nov/ ask 
ttiie question and I will take each of you one at a tiino,! wemt you 
to pay strict attention axid give the answer that is the truth and 
that you exppot to give on the starid. He then said "Are you acquatet- 
ed with the general choraoter und reputation of Leo M.FranP:" arid put 
that question to eaoh one of the girls who were present# /uiiong 
o'^ers was L.isa ITellic V.'ood , and she stated yes,and he tte n went to 
.^^^one of the otliers wilrh th is questi on and ald of them answered yt)Si 
Hr .Dorsey then said"is that chsiracitor good or bad" and v/ent first 
for 1jhe answer i;o that que-stlon tOrMiss ‘.rood and she said it was 

bad# Eaoh and all of the girls present in that room stated that tiie_ 

character of L^M.P-ranlc was bud. At no time did the Solioitor 
General ever tell the v/itnesses to “ooswer off sharp and quick. He 
did soy that the answer was first yes or no.^^as to whether Leo M, 

^ Prahk's general character was bad, and he did tell us Jhat-lt-vms' 
not what we knew personally'about Frank, but what was generally said 

9.^ the'girls were frighte ned at the 
idea of going into the court room# V/e ^?ere . assured by Sollcitoi-_ 

Dorsey that there need be no fear,and that It would not probably 
ta]c 0 ,V 0 iy long# Dewey Hev/oll vms not present when all theseother 


ijlrlt) boiiiG teited to by the Solicitor General at his office t 

in the K iser Mildlng. The oonversatlon ,I had with Dewey flev/oH ' 
the_SolioJLjtor_Genig.ral hod. a talk with the other |. 
girls and left* It is absolutely fulso tn every-partioular that 1 
^ ooaohed Dewey He./ell, or that 1 " we will go over it again sc 

X-- . ■ • 

wonH forgot iti" I h&vo hear! poaple say tliut Frarilt: was a man of 
' "bad-oharaoter • This was tlie general tallc-among tho girls in the 
faotoiy. I hoi.rd tho enq^loyeos in the factory talk froquentilLy 
about Frank b oing ^ttentlve to j^e^v-rimen working tho factory, 
wlioso re};aitat ion'were bad , and I havo seen myself Prank spend a 
great deal of his time v;ith this women whoso renuation was bud* I 
don’t toow myself that anything wrong every oocurred between them, 
but I do know that ho devoted a great deal, of his time talking- to 
her than was necessary and that it wtie gederally understood among 
the girls in th^ fao-tbry that-Fi’ank^d-ldn’t have tiuj best reputat¬ 
ion and that his oharaotcr was bad# I found in th^office of 

the Solloitor General,Hugh I'.Dorscy, on this "onduy,,.pril £0,1014, 
a young lady. .1 looked at her and thought I reoogniaed her faoe , 
tl;o\igh I could not oull her naine* I v.-tis afterwards informed tlu-t 
this was ITiss kuth I^obinson and I luiew that I never talked to Miss 
/3uth kobanson a moment in i-.y life, either at tho office of the 
Solloltor General or any^/hero else on earth* ^Jid if De’./ey jle^.’ell 
ever tel-kod together,! don’t know caiythlug about it and of I^uth 
Robinson heard what Dwwoy llov/ell said to me I dan’t laiow aiiything 
about it, but overyt&ing thrt was over said 'to me by Dev/ey Mg'..-g11 
or by Do'vey Hewell to i.:o 'aaseBald in th^ room where there wore 
other people who oould have heard i-t if they had wished to. Some¬ 
time reoenfc ly two men one of v/hom \ms .•''•V/tRogers,and the other 
being,as I have boon informed,the deteotlve V/#J#Duma .came to see 
me vdth referonoe to iny evidence* Rogers and "^urns tried to talk to 
mo abort my evidence. I told them emphatically that if t hey were'to 

come to me in a hundred^oars from now that I would etill bo tl';e 

same,because it Vifa.B the tebuth. I 'v/us very entlmsiastlo iii letting 
this man Mms, know that I didn’t intend tc waste any time £p/ing 
over with than evid onoe. v/liioh I ht.d given and v/hich v/astho truth* 

This was the only enthusiasm I ever remember to have sho\7n in 
oani'ieotion \/ith this* These men disputediji ih the little time 

they talked to me,my’./ord ami said th(y supposed I'iss Graoe irioljs 
knews where Mary Thugan worked• Rogers then said "oamo on le^ts go 

; , we can’t; got onyt hing from ter" ard I said am tired of- yo ur _ 

company and wish you t/oiild go on for I don’t like to be o a lied a 

97 story# Ainong ot.hor.things, one of these men/representing themselves 

V U 

to be Buras“fl-eteO'tives, aaked me IJ? there v/ae’anybody else besid. s 

myself tliat 1 knew who had seen Frank go into the dressing room with 
with women. I stated th&f niy- rcoolleoti on vms thiit Itiss 1,'^rtio 
Cato saw this oooxir. They then asked me v/here Miss Ct. to wo rise d 
ant I told them she worked^3,11,Cone's drugfatore and I added, "you 
go there to see lier and you will get the same dose you got hoi’e," 
il. A, GARIIER . S\/orn for the State* About 7;00 o’olock p.m, on 
Aprli-84r,l-93.4-,-I--was-stwiding at the corner of Uitohell art South 
Pryor Sts, when liisB Carrie Smith oame across the street from the 
Soutbem Bell Telephone Exchange, aid she stopped and taUced with 

me a few minutes, this being the same Miss Carrie Smith *Bo testl,--1 

f led fet the original tria l of the ab ove oa e, but who was at th t 
time or sometime since has married a man named Benton, 

G* A* ISOM, Sv/om for^tlB- -StL-.te,- On Monday,April 20,1914, about 
tto o’clock,?*11, (D oould not say whether it v/as twenty or thirty 
minutes before or ccCter.but about that time. I loiow that it was 
previous to 11 o’clock because we had to be at 33 Forsyth Street 
before 11 o’clock and v.-e got there with the automobile before 11 
o'clod, On the date and at the thae stated I was sitting in this 
automobile referred to in front of the Metropolitan Club, on 
South Forsyth Street. In this automobile was Jimmie ’.Trenn. Jimmie 
has been working for Burke, who is employed in the office of L,2, 

aosser on the Fraik case ,for the last ^vera]„mpnths> _Fred Xira 

V7as also in the automobile.'Vo were going ITorth on South Forsyth 
St. and v/e passed the entrance cf the Metropclitan Club which was 
on the \7eBt side of South-Forsyth Dtreet at the oornerof V.'est Ilitoh- 
ell. .7e passed beyond a weiner starfl next to the Metropolitan Club, 
;.sv/e passed lt,I_first notioed a girl, my attention being attracted 
•to her by blnn saying to Jimmie Wrenn, "yonder she is Jimmie". She 
had on a light blue dress, blue hat . Afjer the automobile stopped 

Linn gave \7renn a nlokle and V/renn went up to. the wiiner s^arfd. He 
was the-only man who went up to the weiner stand, and the girl de- 

Boribed was the only girl pre.sent.. I did not see them speak,because 
Linn suggested that wo stand in the stairway as % city policeman 
was gfc»M i±c g .o o ming \i.p .j ust t hen. 7/e were in the atalroase -entrance 

j about a minute when Jlmrile 'Jrenn oame up eating a weiner. I pointed 
this girl out'to deteotlve Black on Fit day, April 24,1914* She oaae 

ou-t of the southern bell telaphone*eQEoh8ngo and I sawher talJc a 
few minutes with lir*II.A. Garner, ' '' ' 

RUmi R0BERI301I . Sworn 'ror the State. I wo iked at tbs National 
Penoil Company for three ye rs and v/as working there d-ring: the 
year 1912,up until the middle of April,1913, jua t a fev(^ weeks 
before llary Phagan was kilfed; I have knovrn Uvry Phagan ever since 
she has been a very littLo girljha,ving Imovm her ^ Oobb Cpunty, 
where we both lived. I knew Leo I,'.Fra rile.- I iTavo had read''to mo the 
evidence that I gave pn the trial of the case of the State vs, 

Leo M.Prant. Every v/ord of it is absolutely true. I did see 
Prank at llary.'s maohine .talking to Mary and I heard Prarii; call 
her "Llaiy", I heard it many times. Prank was at'Mary's liiaohine a 
great deal more than there was any need for him to be there. Mary 
had worked at the^Penoil Company a good long time and understood 

her business ,and did not have any need for anybenty to“bG thereat 
ar^ the time Prank spent at MaiysMaohine was not 

•' er machine showing her anything/because Mary needeksksliy anybody 

ta show her how to oporute the srrne or how to do her work. I have 
seen Prank go to Mary's maohine three and four times a day. Some¬ 
times ho v/ould remain us long as fifteen or twenty minutes, Pranlc 
did not very often pay any attention to the work loeing done by the 
other girls on that floor, other than Mary, I have seen Praik,in 
shOTving Mary about her work,take hold of her hands and hold than, 
Por awiiile I did the same \it)rk e^caotly that Maiy did. It was 
simple and easy as it oould b e. Prank's visits to Mary ani talks 
with her and assistance given her became more froqumt and more 
constant during the time that I noticed them which was from about 
some time during the summer or fall of 1912,andi BJOXKtausi continued 
until the time I left there. I hi ve foregotten the exact date, but 
the very last d^... that I, worked at the National Perwil Company.'s 
place of business- I saw Prank talking to Mar^b. I heard him oall 

'her'Mo,ry. I have read “ground i^9-of-the axtraordinnry inotion-fbr 
new trial of Leo filed in the clerk's office on the '• 

16th day of Apia,! 1914. I have Just this minutes Yeen introduaed 
to a lady v/ho goes by the name of LSrs.Mag g i e Nash and who say® -thet^ 

s‘he was Miss Maggie Griffin. Miss Maggie Griffin when she oame _ 

ihto the room stated that sho dlfi not know my name. She thought 
after looking at mo she had probably -sespn me but she was not posi- 

•b-hat. sha dfinled in m y nre senoe tbp t a h e had eve r oSaoh** 
-Qd-jna c(r_talk6d.,to.meL-ahou.t,thft iP.ron]s:. oaso or roy evldono e o.n:..tJi|L-. 

4 ,y ' - 1 • . 

Frank case. I oan positively state that I da .spot^remsmber over 
having seen Miss Crrlfj0L n and I did not knov/ her name, and oertaih 
it is tiiat she never talked to me in her life or undertook to aoaoh 
me about what I should say. It is not true that Maggie GrifjEL n 
^ nd D ewey^llo^ll Iccft the large room referred to in Frardc's motion 
two or three times together and r etumad together,and it is not 
true that I heard Dewey Hov/ell say repeatedly that she was afraid 
she would forget all Maggie had told her to say when she wont into 
the oourthouse, and it is not true that I heard Miss Orifirin or any 
body else- say that she did not know whore ^ary ^agan worked and 
th at she did not Joi ow her nam e. It is not true th’t Dewey He .ell 
said that she was rehearsed in her part by Haggle Griffin in any 
room, anywhere at any time. On the otlier hand I never heard Dewey 
He'.-'ell say anything about Pranlc oneway or the other at any time. 

It is true Hiat/I was ta3ceffi by Bass. Rosser to the office of Sol¬ 
icitor General Hugh M.Dorce^ oji _ th_e ve ly day that I testified in 
the case. I never sav/ or talked to Solioitor General Dorsey aboi± 
this case until the day I went on the staled. I never taliped with 
Detective Bass Rosser o.bout this matter until the day I went on 
the stand. I did talk to a great many people immediately’' after Mary 
Phagan^was uuzrdored abodt what I knevr about Frank's ^aao\ving Mary 
Phagon,ond among I talked to my father,who lives in Cobb 
County, about it and I told him e:/:aotly v/hr t I told on the stand. 

I have never made an,p affidavit for anybody till this tkie aid I 
have never stat^ to anybody the things that are set out in this 

oxtraordinfjry motion in paragraph 0. It is absolutely false that 

against - 

Ihe solicitor told me that I knew something' the oharaoter 

cL Leo M.Franlc. The solioitor asked rno questions about what I knov; 
about Frank^s oharactor. I stated to 1lie solioitar general that I 
fwaa-uoquainied-genexa^kdiaruo^r-■dndr^r^putatlbnTo'T DaO 
Pranlc and that that oharaoter was bad# The solioitor stated that 

■ ^ ■n y hafl -f nnngh .-a vl^l an na mJ - th ._ mf . a . r ennfl to gr ank*s general bad _ 

oha’aotor'and t^iat he would not ask me those questlons,but that ho 
would only ask me questions with reforonoe to Fraa k’s .loiov/ing and 
being aoqueinted with T.tary Pharan.' If the sol l’calfetor or oqjjneel for ' 
Frank had seen fit to upk me about Fraak’a General oharaoter 

on the stand,I wo'Oia have told them, as- I ot.ato In this, affidavit, 
LthatJiiB-oha'rab'ter.was bod • ' it is absolutely, false that the' f 



Bolloltor Inaultod me« The eo^ioitor general never sucgested or 
Int Jjnated in an^ wa^ 'that I had had soEual Intercourse with the 
defendant in hJs off ice or any o1her place in his factory, or ttiat 
he knew the location of any room or that ho know of other QivlE 
having feoen in the room with him# The solicitor general morel^^ 
asked mo about \/hat- I hud heard other people say about Leo Li.^Prank's 
genera character and I never even told him until today .April £0, 
1914 about any conduct on the inrt of Prank tov/ard ne in his olfice. 
I have today,ho\; 0 vcr,told the solicitor general about v/[uit I oon- 
sidered an improper pixjpoeal on the la rt of Leo LUPrank to. me* In 
other words,the said Leo I,T#Pr&.iT]i: undertook to give me seven dollars 
' « he kn ev/ I wos not entit 1 ed to the said money and iie endeavored 

to arr an ge a. me o t ing Vi* it h m e s om o t Imo t he n e::t w e • T fi i s o c curr ed 
in his office in the prosonoe of other people and I fully nnder- 
stooa v/hat Pra.n]c meant# I do not ]J'lo^Y who the people wore in 
Pnink^s o.f.i i 00 at that time, but he had there throe girls# I never 
had a private conversation with the solicitor general in ray life. 
There v/ere always other people present. He never \;sed aiay insult- ” 
ihg language to me and it is absolutely \;ntrue as- stated in the 
motion for a new tria that he said aiiything that was impraper# 

It is absoli^.tely untrue that I was ever in an^/ room with tv/elve or 
fifteen other \7om0^, aU. witnesses in the Prai k case, at the suma 
time Hr .Dorsey V/as there. The only time I was in ai:iy room with 12 
or 15 v/itnessos in the Prank oase was in the oourthouse across the 
street from Ilr.Dorsey^s office in the Kiser Cuilding aud while Ha’. 
Dorsey was in the trial of t lie case in t h ^^ou r (; ' I Imov; 

Carrie omit hr, but- I never taHJeed to hea^ in Hr.Dorsey's office or 
elsewhere# The day I was sworn was the only time I saw Hr.Dorsey. 

I laiow Hyttlo Cato,but I was not in any room \/ith her. It is ab- 
so^uteiy falae 'thoSHtie -Hoiiiax -solioito-r -general old me to ans\Ter 
questions right off shujcp. All the all eg cations \/ith reforenoo to 
A7hfit Haggle Orifgln dM or said in the room with twelve of fifteen 

other girl a ,as stat ed in Fronik's extraord Inarymotion for a new 
trial absolutely false, so-far as they refer to me. 

^ f T ♦ .RQBISrcTSQH -ijwo 331 -fer-he — ^S-t-at-e-#- 


r-dnsppod- ^.n-o-f-mir-OTsrn- 

aooord to the office of Ihigh H«Dor 80 y,solipitor Gener€a,.-v 7 hile he * 
iOl. talking to my duv.chtor, Hiss Ruth RobertBon atout the evidenoB 
ffhloh,Bhe g-^ve in the Prank trial♦■.f was"proaont V.t tho^iotatlon .7 




• » 

of hor affidavit. Directly cftor the mui-der^ 3afio\vin£; thr-.t my 

dauchter hod Docn worklriE .the peaolL oompany’a place of bujsin- 

ees,! tadJtod to her about the scine end she then told me exactly i/hc.t 

she 00 -id on the otand, namely that Lea l.I»]!^ro.nk Imew I,'.ary Dhagan, 


that he odL led hor. "Mary" and that he spent a good deal rnore/than 
v?o.s necessary at I.iary's mo.ohlne talking to her. She also told mo 
Wiat thin man Leo H.'Fronk.was a man of general bad character, 
though she did. not toll mo of tlie incident with reference to Araik's 
r -(jo five her seven dollars and arrange for lier o • see him the ^ 
nG:ct week,'until she told it today in the office of the solicitor 
genero-l ,aB sot out in hor a.ffid''.vit \/hioh she signed and whioh I 
have seen. I did no t ^mow th: t sh o would be a fitness in the case,, 
and I did not Ivnov/ that she had been a witness in the case until I, 
sav/ it in the paper. 

RUT H.a0.T3EiiI30D. .jworn for the State. I made no affid .'.vit in oon- 
neotion ^/ith ttiic case, oxoopt the, affidavits that I in itr. 

Dorsoy’s office. I liavo made no affidavit such as the one v/hioh is 
set out in the extraordinary motion for new trial, in v/hioh it is 
represented that I (’ made a great many statements. I have had 
exhibited to mo by detootive ?3asB liossor, v/hat purpoite to have been 
an orig.inal affidavit and I have ourofully examined the signature, 
-and—I s vr ear -poai-ti- vely tfa .at-6sme--ij3 not my signature thereto and 
that same is a'foregery. 

S« L. ROSSER. Sworn for the State* I am a oity detective. At alio 
dirootlon of Sdlioitdr General. Dorsey,1 procured from Hon.Stiles 
Hopkins, one of lir.lf’racik’o attorneys, the ori-gi^l affidavit o-.l?for- 
ed by lir .I’renlc upon a hearing of tho extraordinOTy i.'.otion lar a 
nOT trial of miss Ruth Robertson. I immediately carried same to 


Hiss Robertson and exhibited some to her and she carefully examined 
the signEiture to somer-and said affidavit is liie one reioried to 
-■■ i n t h e B iD Ove -' affidavit ' Of-whiQ h I hayg read* - 

LIR3. T.Tftuig ]ia)LajIlxS (formerly Mamie. Kitohens) S^vc«53r-for the State. 

-1 .marfrad Kxlilb lt »A? Is the eTit-lre-gvt denoe, questions and ^ 

ajoa-wers,ohiof examina.tion and cross oxamlnatilioii,whloh. I gave on 

the trid of tho oase againet Loo LI.E’raaik* I have read oj^er fUis ^ 
- '' ■ 

evld enoe o nroful ly a nd nov/ state that every wrd bs- testified to- 

'by me. Is true and that the.'attaohod exhibit A is a full, complete 


and tnie=. repo.rt of "the'evidence which I ^ave^on that triuL# yorno 

time, recently,O.W#Burkei3^epT08enting himself to be a detective 

. ■ roprosenijlng Leo aM from the office of L*21#iiosser, culled 

on^rae at the pencil oompajiy's place of business. Buiico paid me for 

the time I lost in toilcing to him about this case. Hesi,id that 

'*lTr#Hoesor said yon had an honest looking face,and that he ’./anted 

me to come dov/n and have a talk v;ith-you, and he told me to aslc 

you tp.o.itions concerning Prank*s character,” ant he bSgan asldLng. 

questlongs about had I ever seen Llr JPrank acting in familiar v/ay 

-- - —----- —--- • ~cuk.^ ' ^ 

v/jth th e girl a, or ever seen him lay his hand-aiL^any-^and^J3a4—I--evor 

seen any lady In Pri*s.k^o office • I dQn*t remenber just in v/hat v/ay 

he put that, but of course n^ant through harm. I told him no,, on-__ 

ly a stenographer, and he asked me was she conducting herself in a 

ladylike way, and I said ”Yes,she was writing on her typewriter." 

I told him I had been downstairs but very few times during woiic hours- 
and that I had never soon Lb:.Prank acting in oiy v.oiy familiar’w ith 
any of the ladles, lie alv/ays weiit through the shop in a bits inesslike 
v.ay and I never seen him laugh bj^-tvory few times .Then he asked me 
-if I thought LIr*Frank meant any harm by coming to the d ressing room. 

I told him I did* He s ys Why? I sr^id, because when Llr.Prafak come 
to tJie door aid seen that v/e were partially dressed,! think it would 
have been os little ae he o_ould have done to have said "excuse me 

ladles" and v/alked away. He stood thero-tuid laugbed or grinned. 

I don’t know when a Jew is laughing or grinnlng,Hit he o-tood there 
'and make no effort'to move* When he oomo to the door he said: "V/hit 
is the matter girls,haVenH you got ai y wor5:? and he just kept^stani- 
ing there and didn*t make no effort to move until Lliss Jaokson 
said *y /0 are dressing,blame it* nd then he shut the door o.nd, dis¬ 
appeared* He saii,’^yell would you have a ijan hung on t[io.t, oonviot" 

■ od“and“ hung?" I said,"oertainly not,I am not that unreasonablejbut 
I do. thlnlc he meant ham, and I thinlc a man could act the gentleman’ 


__ajB- well fi8 any t h 4ng^ elso , t lral wlien. a r~gentleman meets a lady he ought 
ta treat hor'v/ith respect*" He said,"Well I don’t look at it like you 

^ -do. You mus t consider I.I r»!’ra nk Is a bu&iness_rnan.and. ihese_ 

thrings he. don’t pay any attention to,like, a man like n©. would. I would 
^thlnk of. those things, but a businessman son^etimes forgets these 
.things*" -I sald,"l d on’t see v/by he-B4ieuM-^yJienJi6L__BtoQ4.—-* 


lon(^ enough to think what to do and what to eayV Burke v/as writing 
' this all do\7n,as"w0 were talking and* whan v/e finished, he got the 
stenographer'of the national Posuoil Gompariy to write out what vme 
saig./ The paper was not v/rltten in my presenoe#^ I went upstairs 
while they were preparing it. He then sent for me to oome hack to 
sign it. I d’fd not read the paper that I signed. I don't thinlc 
there was anybody in the room. Aj'terwards Buries* caroe to see me at 
my home and asked sign another paper. Burke represented that 
. the nm paper v/hioh I signed was eKaotly like the other one,exQ.epfc- 

that the new p^er had on It "ISxtraordinary Motion for now trial". 

I took Burke's \/ord as to v.hat these pspers contained. I did not 

_t ell Burke any thing different to v/hut I have s^t out above, ani 

if ho has anything in eitiier one of these papers other t han what^ I , 

_have stated,then said Burke has misled me and misrepresented tho 

facts to me#—Frank did not knocik at the door, and gave no inimation 
that he was ooming in. It is true that Mr .Rosser v^hen he talked 
to me aboiit Leo M.Frank,askedme fully v/ith reference to what I knew 
oonoernihg said Frank's oharaoter and his relation v/ith women, 
end of iffoixrse .tJaat line--of questioning was oaloulated to be embarr¬ 
assing,but the deportment,bearing and manner of the said Rosser v/as 
gentlemanly In every rospeot,and he only asked suoh questions as 
were necessary to get tt the truth. I refer to the detective Bass 

(ExMbit "^"referred to in the above is as follov/s) 

MISS MAMIE KIIGHEIT3, Sworn for th(3 State in Rebuttal, testified 

Q. I7hat Is yoxxr name? A# ISaniie Kitohens. 

Q. Where didTyou work ITlss Mamie? A. ITatioiaaL l^enoil Company 
Q.How long had you been v/oiking there? A. It will be two years 
this, ooming October. — - - 

Q.Two years this ooming"0;otober,whot floor do yoxx work on? A.Fourth. 
Q. './here are you v/orking now?-An#—I an working on the pOaxgging table 
for LIr#Jo 0 Stelker. -_____ _ 

For the Rational Pencil Oompany? A. Yes sir. 

Q. How longJ mean where were you ye^sterday, the day before and 
3fbx ‘ “ - - - - 

the day bexore that^ A# I was at the Pencil Factory yesterday and_ 

Q. Arid the day before; now, have you been sworn in this oase-by 
the defense, have you been pu±l-dn^Jia4^-s4^^ No sir. 

Q. By “tire defense? A# Ho sir# 

Q. Do ^u know of’Ono^“Other I'ad.y nr ladies now work on:j?hat f loor 
that have not? A#_Ye-S_sir.»-- 

A# lIls.a*~Jonea and Miss Howell# . c. 

Q# They have not been; are you able to recall'any others,.that woak 
on that 4th floor that have not been? A# No sir, I don't believe I dptl 

^(id Q* Mamie, do yo u or not ramemher- on I nol dg n t^ flr at-I-will_ 

ask you if you ore eoqualnted with the general oharaoter of Leo LI# 

___ Fmi k?'. 4.V/ ' 

,^‘T ^ toiov7, but ars you ('^(juaintod with, his gonoyal ohrj’aoter 
what is generally said about \,'hat has been said about him? A. f 
oan t ez^oress aiy opinion of" his general oharaotor*? 

Q. Just -ansvTer yes or no? A- Yes sir, , 

. _Q. i7ell,lo that good orb ad? A. I .oan't express my opinion of his 
oharaoter from hearsay. , 

oA hearsay, up to April 

rnu "beforo the Phagan girl v/as killed. 

Pnat hearsay is all you oan given under the Judge^s ruling? A. V/ell 
I v/ili tell you ell I otn say-- ^ 

The Court: Don't tell what you have heard, just teU 
whether or not you have heard anything. 

LLoS l.^'roLSnifd 5 : ^ 

Q. Do you know III as itayfield? A.' I do 

Q. V/ere you or not ever present in the dressing room of the ladles 
' rLfr floor, v.hen ;:iss Irene Jackson wL present aiul when 

Lies T-ayfleE \/as present ,\/hen any or boti' of these young ladles 
wore partially undrescod, aa3 Deo II.Frajik came in that d^ssl-nf^room?- 

"t: irSnlSaLlaf 

opened i^''^d^stiio]fhi?hearinL\iae®of\he 

dia^not^hiook'!^'^^^ inside off. e door, did he or not Imook? ... i[o 

Q. He did not knock; what, if anything was said — wi-en he dfl rh-i- 
or v'hat d-ld he do when he (stuok his head in? A. He just stood tlie-’e ' 
and grinned or laughed, I don't know which. ® 

I: a‘| f;;;. 

Gi^ObCi Kv.iiiUk.TIOi: by i?Ir.Rosser. 

didn't say it like I do,but he tskod you kf you 
didn't have any v.-ork to do? A. Yes sir. ^ 

s»‘ ‘ffA";J otaa‘tL**Ao“SoS! “““ 

/b thiiok you clicl; well now, you were in ■'jhe'^e th • t dau- tm qo 
latohene? A# I was in thAVA + k -no-e DI..W day, Liss 

v.’ae in there 

state the exact time. 

^ ill there v/itli nisa Jackson!.^ 

Sol" *• 

Q. Just you throe? A. Just us three. 

Q.. ..hat^tMe of clay was it?. A. V/ell, I can't 
it was in ulie aftdrnoon. 

Q. ,/ell, was it during busniees hours? A# yes sir.' 

Sk; •"• '■='' O'O'. "•,»ooe Oio.,loooa from „ori, 

Q. You didn't have any work to do I het day? A. Ho sir 

|:|oAlr: S 

Q..Dressing to leave? A. Yes sir. 

1: l’S.°Jot%tSerr^ you wouldn't have any work to do? 

is ali ke said, he .'.isked you if you r lrlr 
Ji * /iJia you 1 wt oldw^Mg^you^^^a-n^t^hm^B wm:^-ircx-~cixf? 

Q* Did Llisa Hov/ell work there? A Fn cti-n T^4aa m 

en the raurdrer w.-r •, there 

\7hen the nmrdrer was Tc^ittad T thVuk T,; p ®4.Tf 

loo 1 ‘ivs ™“- 

wofi... 0^0.10.^ .if oayoo°-i^y^a.*:,i^ 

st II 

amcolng to ask you were you over in Mr.l’rank's office, meet him 
there tetveon the-middle of June anS the 1st Saturday in January 
or this year, InoluBlve, if you ever met him there for any imrabral 
Sey.lut e=.oept to eot tho 


JffSS IJAaiB KAHSI, Sworn for tlie State. Attached is a oopy of the 
examination In chief and the oross examination which I gave on the 
tr3a.l of the case of the State vs. -Leo ll.I'rtink, Every woid of -this 
tes-limony attached and set out in Exhibit "A" is true and oomact^ 

^While I did not understand th.e meaning of the word "lasciviousness’' 

I did understand aiid do the meaning of this language, - 

vlzt "his attltud^ov/ard ^ and women" and in answering the quest¬ 
ion I gave my answer based on the words referred to. I now state 
again that I am acquainted with Leo i:.Eran]c ani was prior to April 
26,1913, ana I v;as, acquainted with his general chara'eter. ::he 
general’-otraraotefncr'Leo I,I,Erarili: was bad. The character of .Leo l.l, 
frank in respect to hie relations with women was bad, I now under¬ 
stand the meanly of the word "lasciviousness" and leo I.:,frank’s 
character for lasciviousness v.’as bad, I have seen Leo M.franlc in 
—the- factory frequently-ta]king to women. ' He usually taHced with 
women in the factory who bore bad reputations, I never saw La*. 

Prank stand and chat with women of good reputation ll’-.e h e d id with 
those whose reputation and oharaotor were bad, V/hen I v/as interview¬ 
ed by the Solicitor General,he explained to me what the queritlons 
laid down by the law with reference to showing a man’s bad charact¬ 
er were,and he stated to mo that I must answer one of the questions 
which he asked either yes or no. The Solicitor General did not teU 
me what Prank’s general oharaotor v/as,but I told him that his 
character was bad, Just exactly as I ev7qre it in opoi o on rt wha n 

on the stand and examined. I dld not, if I ever stated in any affi¬ 
davit that the SolloltDr said he wanted me to answer questloiis rl^ht 

not mean that he told me to answer, them Shaip and quick, except in' 

t ha t 

LJiS Soliol-tor tola me that tne answer to one of the 

10 () 

-ae n ae 

.questions, had to be_yes or no,ega nothing else. It is true that the 
Solicitor General did not use the word^ "lasoivioiisness" in talking 
to me in his office prior to going on the stand, but the Solioitor 


Generfil did talk to,mo in plain language about Prarilc’s reputation ■' 
as tt .WQmen* f 

I have given an affidavit to one 0*W*BariEe, and S(»ne man Represent¬ 
ing himaelf to be a Borne iDen< I did not put in that affidavit 

or authorlee theee men to put In that affidavit anything oontradlot- 

Ing/any way the evidenoe that I gave on the standfOnd If any 
paper whiob they have purporte to have ohanged the evidenoe that 
I gave on the etandfit is a false peqoer and not authorized by me* 
Burke wrote-out a pc^er In my presence himself, and had me sign 
It* I dU not myself read the pe^er, but some man olalmlng to be 
a Notary*"Public,I hare forgotten his name, professed to read the 

paper to me* I did not,,when | signed the paper, hold up my hand 
and take any oath* but merely signed my name, though the man who 
said he was a Notary Pnblio, aflked me If what he read me was true. 
- (Bzhiblt "A" referred to above is as follows:) 

"MISS EA^T, Swam for the State in-r^ttal. 

Oireot Examination by the Solicitor (reneral*-- ^ 

19* Miss ga r s t~, did you ever work at the National Pencil Compeny? 

A* Yes sir* 

Q* When? A* About twanars ago* 

Q* !Pwo years ago; what floor did you work on? A* I worked on the 
seoond floor* 

Q* Seeont floor; are you or not acquainted with Leo M* Prank? 

A. Tea sir, X am* 

1 * Ton are; are you acquainted with his general oharaoter prior to 

April £6,1913? A* Yes Sir. __ 

Q* Is that oharaoter good or bed? A* Bad. 

Q* Bad; nowo lliea Karst, I will ask you If you are acquainted with 

hie general oharaoter for IqsoivioAsness, tETat is Tils attitude- 

towards girls and women? A* Yes air* 

,Q* Is th at ohara oter good or bad? A* Bad* 

OrMOi^amlnatlon by llr«Ros8er* 

Q* Where do you now? A* I work for Nuunally & UoRae* 

Q* Nonnally ft MoVae; where do you live now? A* I live at 195 Kelly 
St * 

Q* 196 Kelly? A • Yes sir, ' 

Q* You worked therein 1910 two months? A* Woiked? 

Q* two years ago yon woxked at the National Penoil Paotory two 
months* A* No* I worked 16 months there* 

Q* Eighteen months? A* Yes sir* / 

MARIB KARST . Sworn for the State* On Last Saturday*- April 18, ' 

I signed an affidavit^ dlotated in the office of the Solioltor Gen¬ 
eral* I did not at that time make any mention of the“T»i»ter8 re- ~ 
ferred to in this affidavit with ref ereno e to llise Oarrle Smith* I 
-vw^nly-asKedT^abojertttJ&SribaffOigW in the office 

of the Selieltcv General* Soon after the trial of the oase.Leimiie 
QnlM^ ^ f d r e r wi n in th e N a ti o n a l 'P e ne 11 Oem p az ar 'e nplirab^. daTbutinese 
phoned me* Le nnle to ld me to fceet him at a oertain time and 
plaoe, vln, at Nun ally's aoroes from^the Piedmont Hotel* I met 
him there,as per his request* He told me that Prank's side had 
gotten hold of that sorape at the penell factory about drlnJcl^; 
if I would see Burke and give him a statement that he oould keep 

this out o f oour t, but unlese I did,they would bring it up 
In oourt Qgalnst nte^Bad. 1 told Lenunle that he was the foreioan 
there and ^ ought to know whether we got drunk or not,and he said 
he didn't know anything about it. We went out there and somebody 
had a half pint he got at the olub.end another girl ani I slipped 
around and got it and two more oame around and drank some of it. 

At that time f was onlZ-l&^ar* old «d tte glrle who drank this 
with me were fifteen or younger. It wem stolen as a Joke .out of 
the pooket of one of the boys working there; we drank it publioly 
and writh thacknowledge of erorybody and as a Joke. There was no 
seoret about it. We made no effort to keep it eeoret.^^!Qne of the 
girls were in the least bit under i^e influenoe of it. The Inoldent 
oaused a good deal of fun and that was all there wasto it. l never 
heard any remarks ande about it until lenmie Quinn brought it up. 
Lemmie Quinn,in his talk with me.male it appear that Frank's side 
were going ifco make a big soandll out of it and it had the effect 
of soaring me.beoause I did not want ny name male public in oon- 
neotion with that..unlese all the faots were truly shown.and I did 
not wish the names of the other girls oonneoted with it made publio. 
Lenmie wound up^ hts talk with me by ins istlng that I should go to 
see C.W.Burke end at l6mt Lenmie went and phoned somebody and in a 
few minutes O.WiBurke oame to see me. Lemmie eet up to drinks aid 
Burke talked to me. Burke wound up the conversation by asking me to 
opme up to the office of Rosser,Brandon.olaton ft Phillips on the 
7th floor of the Grant Building. I didn't go. Afterwards Buike met 

me on the street and again wanted to see about my working for him. 
The result was that I oonsented to work for Buike. J was not a sten¬ 
ographer,and oould not write on the typewriter, fttsk Burke stated 
t^^^^ pnlyja^ej^me Ja^w orkB s ^ ng tho ^afternoon? . gud: he paid./ 
me #8.00 per day for the afternoons. I worked for him about a week. 
B urke wanted me to go around and see the gtrie whn h 

the State on the trial of. Frank.about his general bad oh6a‘aoter .hiA 
he wonted me to talk to them and report to hita what they said,and 
ftee if .they would ^ot'-ehreoge'^tbetr eridenee. He'^en told me that 
what 1 swore on^the stand didn't eaaunt to anything beoause I wcisn't 
oross examined, and said it. was not re horded.^ I saw, sererstl—Uf ■. the 
gijaapamdng them Kelan /ff e r g ua c m -and ^arri a, smith . and they tall me 
thay would not change their eridenoe beoause what they swore was 

u :< 

—tyii a« . 1 a i d -n o Je tell ihm that I was woxklng for Bnrke, but merely over with them. One day Brke wanted me to eee Monteen 
Storer.and tali to her .and eee If I couldn't getter to ohange her 
eTldenoe^ given on the staid* I did not go to eee Monteen Stover* 
One day Burke told me that he was oomlng out. to my houae and going 
to sea my mother and tall her that I waa going off with him to work 
on a street oar oaae, and that he wanted me to go down and live 
In the house with Honteen Stover and pick her* Burke did oome out 
to my house and saw my mother and tried to get my mother to let me 
go off to work on the street oar oase* My mother refused to let 
me do It .and would not let me go baok and work for iJurke any more* 

I met Burke and had 'my talks with him In the private office of 
Oov*M John M*Slaton,ln the office of Rosser,Brandon,Blaton to 
Phillips, One day I asked Carrie Smltji, a friend of mine,to meet 
me up at Gov.Slaton's oAoe In the Orant Building* That afternoon, 
however,! failed to go baok to the office beoause It was raining* 

_ iaxt day whom I saw Burke.he said "I had the best luok yesterday 
—you ever saw* I gcrtrCarrle Smith whore I want her"* I asked Burke 
after !-had-seen Oarrire- Bmith and rheliad told me what had happen¬ 
ed,If he had a man by the name of Maddox working for him and Buifce 
said no,and thai he didn't know anybody by theiiname of Maddox* 

Carrie Smith had told me that she saw this man Maddox In the office 
at the time she saw Burke.and that Maddox had been to her represent¬ 
ing himself to be a magaslne man,wanting to wrlte-an artlole-about 
the Prank oase* Burtre told me If Carrie didn't give what evldenoe 
he wanted, that he had a friend In an assignation bouse that knew 
Carrie, and' that Carrie oame dom to .this house lots of times, and 
she always oalled him up every time Carrie was down there and notl- 
f l ad . hi m . and sa id th a t If Cerri e-d l d n -* j gi ve , the evldettoe 1ie:“wafi6ea_ 
when this girt oalled up next time he would go down there* I asked 
Carrie Sbont this and she said she did not know anybody by the mme 

of Bangley,the Burke said was meeting her at that plaoe,aad 

-sha-dld-ne# know anything about any suoh house, I have known Carrie 
Smith sines she was a 1)abj^^> We were tittle tots together. Her re- - 
putatlon Is of the very best • She was never' guilty of any suoh 
thing, as Burke suggested-amd-I knss it* I did not tell Buifce anything 

to say. During the time ! was^ 

st~5nrka'B offloa, I woold fr44ueti13.7 not work over fifteen mlnutae 
He paid me howeTar fifaa •0t3[^a day as he promlaad* Burke told me 

that ha took Itea.L^lla Fattia'^qut to sea her alatar Miss Nellie 

f - ■ ^ 

Pettla.who had Bwoim on the trial of the oase of the State vb. 

Prank,and that Mlaa Nellie Battle had admitted to him 6md her el star 
l*^“l®*tM^s*IilHla Battle,that what aha hiad aworn to on the hearing 
before the Coroner and on the trial of the oase of the state va. 

Leo Pranlc was untrue. I do not know why Burke told me this but he 

NBILIB BBTfiS . Sworn for the State. It la not true that I ever ad¬ 
mitted In the preaenoa of my el a t a r --ln-law or anyone else that I 

had awom to a falsehood on the trial of the State vs. Leo M.Prank. 
I have read over my aTldane as given on the trial of that oase. If 
Mr.pnrke,jevey told anybody that I had admit ted to him that what I 
hod said on the atand was falsa, that Is untrue. Attached hereto 
uIs a copy of the questions, and answera asked me by Solicitor Gen¬ 
eral and^lr.Bosser. It Is absolutely true. It Is true that I did 
not u^erstand the meaning of the word "lasolvlousness" when the 
Solicitor General asked me that question,but I did understand what 
he meant when ha asked me If I was-aoqualnted with, the general 
obaraoter of Leo M.Prank with women. I answered that It weis bad 
end I now state that It was bad. I further state that Leo M.Prank 
Insulted me In his office and made to me an Indecent proposal vh loh 
I resented(leaving the office Immediately and rejoining my slater— 
ln-low,wh* Is present at the dictation of this affidavit. I have 
not made^an affidavit for anybody_shanglng the evidence tht I gave 
at the Coroner's Inquest and on the trial of the case, la the 
Superior Court. After I swore on the trial of the oase, sombody 

.oame to see me, representing himself to be a newspaper man. I do 
I?®?^^^osromber^=tFlft£riiamev ii^^^father^^lias^been miss Sg^Jtor. n-lohg humber- 
of years. This man stated when he first saw me that he was against 
Praak. He oeme out again in antntwftM.if t here wer e tw o or 

throe_men with him. Thle men said he would find my father ind-be¬ 
took out a sheet and put a picture of my father' In a ohair and 

Tsrofosaed fb taS^a picture of my father'e picture .and said he would 
Bend the plotore to me, but he never did. He had an affidavit already 
written out. He told me that If I weuld sign a oertaln paper, whlob 
-he had^ere thSf^ would find «y father. I read the paper,myadlf, 
H had In iut the l^th sat the same thing that i 


before tlie Coroner's Inquest and on tbs trial of tbe oase* I did. 
not put anything .In that paper different from shat I swore on 
the trialt IDhls man was tall and there was some defect In his 
front teeth. 

(Sacbiblt "A” referred to above Is as follows) 

HISS miLZB EBIIU,Sworn for the State in re battel. 

Olxeot Bzemlnatlon by Solloltor Oensral. 

Q. What is your nans? A. Nellie Pettis. 

Q. Miss Nellie, do you know Leo U. Frank? A. Yes sir. 

Q. How long have you known him? A*, fell, 1 don't ezaotly know him 
personally, but I know him when I see him,often enough to'know 

q. Are you aoquainted with his general oharaoter prior to April 

26tb,l8l3? A. Yes Sir. 

q. Xte Was it.good or bad? A. Bad. 

q. Bad; are you aoquainted with his general oharaoter as to lasolv- 
lousness, that is with women prior to that time? A. Yes sir. 
q. Is it good or bad? A. Bad. 

q. What floor, when did you wozk over that at tbe National Peruil 

Company? A. l didn't work there, my sister-in-law did 

q. Your sister-in-law did woik there, A. Yes sir. 

q« How often were you up there and eround there. A. Well, I went 

nearly every Saturday,she would stay out and tell them she was slok 

on Saturday and Z would have to go nearly every one. 

q. You wouldwhave to go up? A. Yes sir. 

- q. What for, for what purpose? A. To got her money, 
q. To get her money? A. Yea sir. 

Q. And who would yen see when you went to get her money? 
l(r.B 08 Ber: That la immqberlal 

Ur.Bo:^eyi It is very material bedause they have denied 
that Ur.FrazAc ever paid these people. 

Ur.Rossert If it is for that, all right. 

Tbe wltnesa: I saw Kiss Bula Hay Flowers mostly when I went and 
one time- - — 

q. Lid you or not over eee Mr.Frank with reference to that pay 

A. One time. 

q. One time? 

q. Who Im your sister? A.Hrs.Lou Hay Pettis 
q.Is she working at the faotory? A.No she quit Just about three 
weeks ago,before the murdsr 
q. Before the murder? A. Yes air. 
q. Where dd you live? A. Nine Oliver Btrett. 

q. Where do you work. A. I don't work anywhere, I stay at home ai^ 
keep house for my mother. 

q. How long slnoe you worked anywhere? A. Well, I worited lost week 
with my mother, helping her out. 

q. Where does your mother work? A. Whitehall Street. 

q. What does she do A. 'Hake some paper boxes. 

q. Hakes pqper boxes for the Atlanta Box Company? A. Yes sir," 

MRS.»-j[i IL_L I8 PJTgI8-,) --8wotB—f>>r-^ he-Stat es -Hy. sieter ~in-law 

Nsllle Pettis,has never stated to me at emy time or plaoe that 

whit she swore on the Coroner's inguast or n n thn triA] n-f 

of the State vs.Leo-U/ Frank was untrue. On the other head, she 
has always stated to me that it^was true. I remeniber sending 
my s^ster^n-laiw-iip-to see. Leo Frank to gertmy^pay tad waiting for 
her at the plaoe she stated in her affidavit. 1 never told anybody 


a na i n e v «r signed any paper to the effect that I did not believe 
that-Leo H.Frank wlnk»d“atTBriil8te^lJSiiaw. I read tn tht .pape r 

where they aaW the* I had made the Btat«aent,l)ut the same is ab.- 
BOlutely false# It was puhllBhed in the p^er that Mr.Bass Roseer 
the olty deteotlwe got mad when I refused to'swear against Leo M# 
frank. I positively deny that I ever made any suoh statement 1» 
anybody. Mr.Rosser merely asked me those ijuestionB necessary to 
get at what I|taew about leo M#frank. I never said to anybody at 
any time or place that did not believe that myasister-in-law 
Nellie Pettis, knew Lee MtPrahk. 


for liie State# Sometime recently, Mrs .Leo M. 
I^nk and Rabbid David Marx dnd two other men oame to Bee me to 
get me to make aui affidavit. The affidavit was not true and I re- 
fhBed to sign it. Mrs.leo frank salt to me;"If you will sign this 
affidavit you will take the rope from my hurttand's neok". I re¬ 
plied I oould not tell a lie and to slffi that paper would b e tell¬ 
ing a lie. One man with Mrs .frank aid Rabbi Marx tore off a little 
pleoe of paper which whs in hie hande. Phia laan was O.W.Burks. He 
said:"YOU take this paper". I told him I didn't want this pleoe of 
paper and he sald!"Ihi8 will not harm you,but you keep this pleoe. 
of paper and it Just for you so that you will know it when you 

see it again". I that little pleoe of paper and kept it. I showed 

it tn a Mow minutes afterwards to Mr.? .J.Wellbora.a man that I have 
known a good long time and who was standing by when these people 
were talking to mo. Afterwards I took the piece ofmpaper and gave 
it to somebody in the offloo of Solicitor Hugh M.porsey. I have 
looked at the piece of paper attached to tho'affidavit signed by 
P,.j/ffollbom and it looks to me to be about the slse and shape of 
t)ie paper which Burke gave to me. Burke also told me that if I 
got in trouble that I might know the cause of it. My daughter,MBry 

EIo B read ne 'out “Of'^tbe" n e wsp eiper'k etatemwit'to Jetfteot- that I 
had seen Jim Oonley on April B6,191H at abott B;16 B#M« oome out 

, of the alley Immediately in”the. rear of the Hatloiiftl Penull Oom* 

pany. This was the first intlmailon that I had hf such a claim, and 
on April 1,1914, I went volxmterlly.without being eent for.^o li^e 
office of the Sollollmr Oenerel. He not being there, l/volu^arlly 
-returned to his offlo'e on April 8,1914.and I voluntarily make lp aff ldtiTi*._x.,deny emphittiliiLeliX-^^^ Oonl^ o®yL __ 

o nt of »ald alley on any d a ta; anfl n atttmr 1* it true that Conley 

after parobaalng a diimer from me on the 26th of April,1910, went 
baok to Ihe aforesaid alley In the dlxeotlon of the penoll factory. 
I iMTer told anybody at any time or place that I saw Jim Conley 
oone out of the alley Immediately In the rear of the National Pen- 
oil Company's factory,or that after pnrohasing eaU dinner, said 
Conley went ba(flc to the aforesaid alley In the direction of the 
penoll factory. I am the only Uarb^Rloh that I ever knew to keep 
a lunoh stand between Forsyth Street and Madison Avenue on Hunter 
St. My daughter, whose name is also Mary Rloh has nothing to do 
with the stand and did not keep the seme for me or have anything 
to do with It on April £6,1913. 

(Attached to the above effldavit Is the business oard 
of O.W.Burke) 

y«H»WBLLBORH . Sworn for the State* I know Mrs.Leo Frank and Rabbi 
David Uarx when I see them. I also know en old negro woman who 
sells lunohes by the name of Mary Rloh, she having s^ Ixinohes 
near my place of bawlnesB. Sometime recently I saw talking to 
this negro woman,Mary Rloh .Mrs.Leo M.Frahk,Rabbi David Mars and 
two other men. I don't know who the other men were. I movdd over as 
near as I oould get to these people end stood as close as I oould 
without attracting their attention. I did not hear anything that 
anybody said,except what Mrs .Frank said to Mery Rloh and what one 
~ 0 'r the^jvo uuknoim men said at the oonoluslon of the dlsousslon. 

A greal^deal was said because they talked to her for about an 
houix. I reemained there listening about thirty minutes. I heard 
Mrs .Leo M.Fra s3ca, among other things say,A to Uxax Mery Rloh,"If 
you will sign this affidavit, yon will take the rojK-from around 
my husband's neOk.” Mary Rloh said In reply to that "I oould not 
tell a lie*. MAry Rloh finally refused to Bljai-Jihe-Papwr> 

they went to leave one of the unknown men tald to her tearing off 
a pleoe of the ptger which was In hie band. "Here keep thla paper, 

and If hen you get In trouble you may'know the oauae of It. IThe 
pleoe of.peqper Is hereto attached. I examined this-piper carefully 
and It resamiae lLJji^everyigeepeat—tfae-^SfrmrHprn off by the UKkn#wn- 


man on the coeulcn above set out and left with Mary Rloh, egetf Is 
^o sene pleoe ooftteiro tom Off* Mary repllod that she 




couldn't see how she oou ld get into troub le b y telling the truth. 
This Is only a portloh of the oonyersatlon I heard, fhls oonvereat- 
Ion oo.ourred Monday, April 13,1914. 

tAttaohed Is a pleoe of paper ) 

JIM OOMIBY... Swoin for the State. It is not true that on April S6, 
1913, at about S;16 o'olook P.M» or at any other tiae on said day, 
Art I oome out of the alley immediately in the rear of the Nation¬ 
al penoll Oompany factory, nor is It true that I bought a twenty 
cent dinner nn that day or anything else from Mary Kloh. Nor is It 
true that I returned carrying eald dinner In my hand and went baok 
up Bald alley In the direction of the penoll factory. I wae former¬ 
ly employed at the National Penoll Oompany ard I Imen Mr.Booker arit 
reoall that when he left,I assisted In the removal of his desk and 
p^ers from Mr.Beoker'e office on the fourth floor to the office 
of Mr.?rahk on the seoond~ floor.Among the papers of Mr.Beoker 
that wore moved wore the order blanks wpon which the notes written 
by me found by the body ofMhry Phagen wore found. These were 
moved with the deSk tf Mr.Prank's. offloe. It Is also true that I 
was a fireman in the basement of the factory for about two months; 

the elevator — 

- or aboat a year and a going to the 'basement and 

ttet the rest of the time while -I was woiklng at the factory I was 
femlllar with the conditions e:?latlng In t he basement. It is not 
true that the basement was, allowed to have papers accumulated In—. 
It or stored In It. The bt>sement was Inspected by firemen of the 
_ city of Atlanta, and we werey ro^nlred to keep the basement — 
_ cleaned of traah and papers. We were compelled to clean up all 

papers-and trash and would bum and put It In front of the furnace 

and bum It up. The blank upon whloh I wrote was In Mr.Frank^s- 

offloe on t he second floor of the pencil factory." Thera war e no 
wder blanks' or books allowed to stay In the factory basement and 
_ I saw none and did not write on any found In the basemgit bn April 

86,1918• I do not "know by name Miss Helen Ferguson. I was not on 
the second floor of the National Penoll Oompany factory on the 

-Satjwday—preneding-Aprll-E6-,191^ wad-make-any statement t<h har, 

."Toe,take all the boxes you went,'Hlee Helen"* I did not keep gett¬ 
ing oloeer to her,nor did I make any move, as though I intsMsd to 
.1.14 her,nor di d she beeome frightened a nd run away. My uoili is si^ 

J ^4 

♦' . 

the fourth floor and I had nothing to do with the bozee on the 
aeoond floor* On Saturday moxnln ga the factory would oloae at 
hbout 11}46 A«H« and I waa alwaya busy at my woxfc cleaning up the 
fourth floor ao aa to be able to get off proo^tly at oloalng hour. 
Ihla box room la Immediately aoroaa a email dlale from a large 
working room where, about fifteen ladlea are at work and It la alao 
v.lthln 50 or 60 feet of the office,where the entire office force 
are and at the other end of the hall within about 50 or 60 feet 
la the metal department where a number of people work and If I had 
made aubh an attack against Ulaa Berguaon,! muld-haTe-done-It with 
full knowledge that one aoream from her would summon a large number 
of people* I never head of any euoh ohazge against me before and 

Miss Ferguson never complained about what she says* 


I dTH SROTnto* — 

0* B* DALIOH. Sworn for'the Statel have Just read over the report 
of my testimony as contained In the brief of evldenoe approved by 
~7hd^ltoan In that trial and tnrery word of my evldenoe Is the abp 
solute truth* That evldenoe Is as follows; 

"I know Leo U*Frank»Palsy Hopklne and Jim Conley* I have visited 
the National Penoll-^mpany.tta^e four» or five times, I have been 
In the offloe of Leo U*Frank two or three timea* I have been down 
In the baMment* I don't know whether llr*Frank knew I waa In the 
basement or not^but he knew I was there* I saw Conley there and the^ 
night watchman, and he waa* not Conley* There would be acme ladlea 
In Hr*Fraidc'a offloe* Sometlmea there would be two, and aometlmea 
one*Maybe thefK-dldn't work In the mornings and they would be there 
In the eva Inga* 

OROes SZAHINITION. I don't reooUeot the first time I was 
In Mr*Frank'8 offloe* It was laat fall* I have been down there one 
time this veer but Hr*fraijk wasn't there* It was Saturday evening* 

I went In there with Mlaa Daley Hopklne* They were ladlea* Some- 
tlmee there would be two end aometlmea more* I don't know whether 
It was the atenonspher or not* I don't reoolleot the next time I 
aaw him In his oxfloe* I nevdr saw any gentleman but llr*Fraz)k In 
there* Every time I waa In llr*Fztthk'8 offloe was before Christmas* 
Mlaa Daisy Hopkins Introduoed me to him* I saw Conley there one 
rime thla year and several times on Saturday evenings* Mr*Frank 
wasn't there the last time* Conley was sitting there at the front 
door* '.Then I w»nt down the ladder Miss Paler went with me * VTe went*'" 
:oaoz Dy tne traau pile in the bWsement* I aaw an old 661 end a 
stretcher* I have been In Atlanta for ten yeara* I have never been 
away over a week* I saw Mr* frank about two o'olook In the afternoon 
There wm no ourtalns drawn In the offloe* It was very light In 
t h ere * I w en t In t he fir st offloe, near t he st air w ay* ' * The night - 

watchman I spoke of was a magze* I saw him about the first of 
January* 'I saw a negro night watchman there between September and 
Deoember* -I lived In'ffalten County for twenty years* 1 oame right 
here from Walton County* I was abaent from Walton County onoe for 
.jte^or three years * mi t l i ve d in Jawrenoi^lle*- -I -have^^walked home—- 
fnm the factory with Ulas Lanra Atkins and Hlsa Smith* 

BS-DIBBOT SXAMIHASIOlf* I gave Jim Conley a half dosen or more 
auarters* I saw Mr^Traik in- his offloe In the day time* Ur* frank [ 
had eooa>oola,lemon and 11ns and beer In the offloe. I never saw 

thenladies in his office dsiBg-any-wrltlng*- ^ 

-RBOiLLID fOH CROSS- R r A U D I AlIOHy-A adrs w -D altBtt Iw-Ry brsther<^lir-law^— 
John Dalton la my first cousin*.! am the Dalton that went to the * 


f I 

I - 

,71ft, whftre I was^thm wooing, "i have been working for llr, 
Helfner.a oontraotor,for about three years and Mr.Helfner had sent 
me to Port Ujrere, Pla, to superintend his boat business at that 
plftoe. Mr. Burke told me he wanted to talk with me eibout the Prai k 
case. He oame to the River side Hote^, where I was Bthylng,but he 
missed seeing me, beoause I dldnt' want to see him and I stayed out 
Iftte. He sent a messenger to me with a message as If it was a nl^t 
telegram, I thought It best to keep Bailee from woxrylng me sol 
went to see him. at the Bradford Hotel. He asked me about hdw Hr. 
Dorsey and Stames ^d Qaa q>b e ll qu-eetloned mo~before the trial and 
whether they didn't try to make me say things that were not so.and 
I told him "no* and that they had aoted In a perfeotly proper way 
in their questions to me* Burke then asked me to sign a paper to- 
go before the pardon bowd then in session in Atlanta. He v?anted me 
to sign the paper to help get the pardon board to 'keep PrsBik from 
banging. He offered to give me-tlOO. If i would sign the paper. 

This paper was In handwriting. I didn't sign the paper* .The next 
■ '^'0 Jjogtown,near Por t M yers .w here I was w n riri t ig- 

He had a typewritten paper whloh he wanted me to Blgn,beoauee he 
was leaving for Atlanta right away . He said It was the seme as 
the paper he tod showed me Isaib the night before. He road a part 
It to me. The part he read didn't say anything hbout taking baok 

-evidsnae-ox-abont-n y ha v in g said an y thing that-wasaAt tsue at tka- 

trial. I finally signed the paper whiioh he had. He told me. to oome 
- up to hlB hotel that night and he would give me the money.^'went 


anjrkhlnjt for me and waa told he had not. Bwke had told me algo 

that he would giro me a paas from JaokBonyille to Atlanta to uae 

anytime eoon. Burke did not leave either the ♦lOO. or the paea. 

She only other time I have been offered aqy money in oonneotion 

with the Prank ouae waa in Dublin,Ga, Just a abort time after the 

.trl«, last year. I went to Dublin with Ifr.Helfner to do eome woifc 

on a bank which be waa working on there. When'I got off the trtln 

at Dublin there were two Jewa atandlng there talking. I heard 

one of than any to the other: "There*a that fellow Daiton that 

awore in the Pfe^ oaae*. They oame over and talked to me. They 

aat d tny knew me by my picture. That night I met both of than on 

the corner and aaked me why I didn't leave the atate aM gdt out 

of the Prank oaae beoauee I ooudd make a one money out of it. I told 

them I had not dme anj^hing to leave for. One of them said "Dalton 

you oan make $400. if you wll?. leave the State." I still told 

I didn’t want to go away. I eaw them two or three tlmee after 

that. The aome-1 ig fat one a aid "We will give you 5400 if you will 

'ieave~ther-State“fdr~we are“going“to get“Pranklt^OT trial." I 

refuaed eaoh time. I told Mr.Helfner what they had aaid and he said 

to me.: "Tou haven't done anything to leave for. You have told Just 

the truth and you are not going to leave." I never found out who 

they. were. I received a letter from Mr.Doraey aeiying that he wanted 

me to oome to Atlanta ^ that h e would pay r^ilroad^re. tfriE— 

would oome on the neoct train. In addition to my testimony in the 

court at the Prank trial, I have on my several vieite to leo M. 

Praak'e offioe seen Prank with girla in his offioe,and I have seen 

Prank play with them,hug them and kie|s and pinoh lliem. I do not 

know who any of the giila were. I saw Prank on two or three oo- 


oaaiona take a girl and go to the b ok of tbe/whe re the dreaeing 

-roomFie. On onu oodaaibn-Prank had six bottles of beer and I 
oarried three more bottles ^to his offioe. I was with Daisy Hopkina 
when a , he telep h o n e d f i iat t^ Pr a nfc* s o ffio e a nd told him^ t ha t aha 

wanted to borrow acme money. She said "I have got a friend with 
me now".and she waa told to oome right over and bring her friend 
with her. \7e went right aaay. There I saw her when she borrowed 
the $3.00 from Prmk. In regard to the oot in-the basement , I know 
that Leo 11 . Prank knew about it , He waa talking te-tbe- anl 


I said Bomethlng aibont haTing to pay room rent and he spoke np and 
said It wasn't neoeesary tonpay room rent beoatise they had a oot 
in the .basem«it» I nsed this oot with Daisy Hopkins half a dozen 

J» H* STAHBBS. Sworn for tha State* I l.avo read the affidavit 
alleged to have been poade by 0«B*Dalton and introduced in the ex¬ 
traordinary motion for new trial in the case of the State vs. 

7rauk. In sofar as the affidavit refers to me,in etating that I 
had ooeroed or otherwise unduly Inflaenoed said Dalton in the giv¬ 
ing of his evidence, it is absolutely false* I have never in any 
way sought to threaten or inUuenoe him in any way, end to the 
best of roy knowledge and ^llef the evldenoe of said Dalton at 

the trial of Le_o_il*Erank was given freely and volun taril ly__and _ 

without ooerolon and Influenoe of anyone else ecb all* 

BAT OAMPBBLD. Sworn f>r the State* I have read the affidavit 


alleged to have besoi made by 0*B*Dalton and introduced in the ex- 
traordinery motion for new trial. Insofar as that affidavit refers 
to me,in etating that 1 ooeroed or ohharwise unduly Influenced said 
Dalton in the gluing of his evldenoe -at—the trial, it is absolute¬ 
ly false* I have never in any way sought to threaten or influenoe 
him in any way, and to the best of my knowledge and belief the 
evldenoe of said Dalton at the trial of Leo M*7rank was given 
freely and voluntarily and without ooerolon sr Influenoe of anyone 
else at all* , ^ 


PWTT.TP nH* M » gR3. Swozn for the State* 1 worked at the National 
Benoll Company on Forsyth Street under Leo M*Frank as auperlntend- 
ent>-B office boy from the SOth of De’oember,191S,until about a week 
before J*M*Oantt i t^ Natlona j^geiioil-Osaffieny'w-:plaoe^of~bustaesi 

-1- Z think it was about three weeks before Vary Phagan was killed 
when lIr*Santt* 9 ult . I knew E*F*Beoker* He wae thw mfipt-vr 


vne NaiAonsl Peimil Company* He had his office on the top floor* 

Before 1 went irrtror the ofXloe aeofflee boy in 1918, I Worked up 

on th9 top floor _in-'the-ptd.n t de p eg-tment-fe-r ab o ut a y ear* BBrT ' 

BeSker ^It the pencil oompany pretty soon after I wevxt down to 
-- - -- ^ ^ _ _■_ 

the offloe* I was. present-in the offioe-^wfavzrBeoxeT^e dee^efs 

brought dowl^ro^^t^JrJ^w^th_liaa*^«^llWSd:-lfaTral^ 

7reak used tbe B8m« for hlo desk beoense Baokecr'e desk was larger 
than the.desk that Vrank wu using, limk moved the desk whloh he 
was using over in the other'corner,so that Barley oould use that. 
^;^11 of the books and iiapers and everything that was in the Beoker 
'desk was taken out of the same in the otfioe necct to Frank's offloe 
Where the supplies wore kept. Among other papers taken off of 
Beoker's desk when that deric was placed in Frank's office were old 
order blank books. There were approximately a dozen. Attached ^ 
hereto and marked Bxhi&lt "A" and made a part hereof le a book 
whloh was exaotly like these books taken out of Beoker's desk, 
e*eept-tha-t-neari.y^“Oll of the'books like this were already used, 
that is , Beoker had written-on most of them and kept the carbon 
copies. IhfiShJUSed oarbon oofy order blank books remained there 
In that offloe up until the time I left. In the course of my ditles 
I h ad fr equently to go down into the basemait in the factory and I 

hnow ttiat no trash,books or papers were ever left down there in that 
basement floor any length of tijRo.-'hut sene were always burned up. 

The praotloe was to take the trash down in little push oarts ,put 
it right in front of the furnace anfl bum it up. I never did see 
any of these order blank books among it, After Beokerleft, all of 
these order blanks were handled by Frank end when he would use up a- 
book he would always turn Ifr over to me to file,and I always filed 
these books in the outer offloe in the pigeon holes olose to the 
place where all of Beoker's old order books were kept. The order 
books which 1 helped to take off of Beoker's desk were loose* They 
were not jbboi tied up. 

(Aocoapanylng this affidavit is a new.unused book of 
order blanks .with whl^ and yellow sheets alternating^. The date line 
on said otfder blanks is as foUows; "Atlanta,.Oa. 191 ") - ■ , 

Mt Swoai for the State. I was p ro s ont at th e i d otation 

of the, affidavit this day made by Philip Ohambers, and where it 
refers to- me is truer -£ Leeknow that he person-^ 
ally knew Hary Phagan and know that he'called her by the name Hary" 

I was pr e s en t in the o ff iee whsa the desk used by Beoker on the -^ 

fourth floor-WM-moved down into Frank's offloe. Frank set aside 
his desk and put it over in A ooxnar of his offloe and used as his 

own.desk.frw the time Bedker left until the time 1 left, the dedk 
which Beoker had previously been using, I helped Chambers take 

thtt papeoTB in Beoker'B deBk out and Chembera and myaalf plaoad all 
ttiBBe p^era in the offioe next to Trank's private offloet (Eheae 
papers were within ten feet of Trank's desk* Among other papers 
were quite a nusftier of order blank books, similar to the one whloh 
Is attached as Skhiblt. '^A” to Ohambers* affidavit . fhese aavbon 
oopy order blank books vemalned In the plaoe where they were placed 
by Ohambers and myselffrom the time Bioker left until the time 1 

left there* All the tlme^ was there, 

■ TUfl- 

charge of miy order blank books was Trank 

the only man 
ifo i 

rank* The fioo: 

ooks used by Leo 

JI«Trank were always filed In the offioe adjoining the offioe oo- 
oupled by Irank* 1 was frequently dom In the basement. At no time 
did I ever see any soratoh pxpik pads or blank order books in the 
basement anywhere* The uztform oustom and praotloe was to take dally 

the teash on the elevator ^wn into, the 


medlatSly burned m ■the' ruma^never did see any soratoh pads 
or order blank books sent down there* During Christmas week, an 
Inventory was taken,and a general Cleaning up was had* Trank person- 
tdly^ requested me at that time to go down Into the basement and 
Bee that the trash swept up emd carried down into the basement was 
butned up* I did that*i|i the trash taken down Into the basement at 
this tine there was not one slnedo order blank book,as far as I 
know or oould see* All of the trash moved down Into the basement 

at the general ©leaning up,Christmas,1918, was burned 

^ ^ 

1 atruot 

up as per 

'em a photographer* inava^ 
oharge of the^finls'filng department of the AtK.lawkae Company. Some 
time Immediotely after the murder of Mary Phagon,Hugh JI.Dorsey, ^ 
the Solioltor Oeneral brought the original notes to me for the . 
purpose of .^having same photogrisphod* Attached hereto and marked 
Exhibit "A# is one of the first photographs whloh I made of the 

order blank note. At Mr,Dorsey's request, I sent to the Eastman 
Kodak Company ,RoohoBter,!I,y, and seoured what Is known as a oolor 

120 I 

__ ^ 

_platOtthe purpose being to devolope,aB far as possible, the nuraberT^ 

'\fc. ■ 

Attached hereto and marked Exhibit "E" is the—photograph-produoeA 
by mBjb y the _ UM of Ba l d _ojtl^-plate-*-.gnrth-er «o r e b y t he^gete--^ - 
tfils“dolor plate and lenses and powerful magnifying glassee,whloh 

had ffia min e d a s o ar e fully a s I oo ttld, the art i t he " 

. ^ tl 


photogrqpixe m ad #_^theoreof* Prom an examination of said note and 

"fcfa# pliotographie made by tlxe uee of the color plate, in my opinion 
the number of the order blank note ie "1818” Mr .Alexander,an 
attorney at lair^in thle oity,showed to me tiie photograph of this 
note attached to a pamphlet which he has been distributing with 
reference to th# FiwbJc oaue , with reference to the notes found by 
the body of Mary Phagan# It is evident that this is a photograph 
of the original note ,or of a photograph of the one whioh has been 
touched up in certain places. Mr .Alexander hlneelf admitted to me 
that he had the engraving oompany to touch up the same in certain 
places. He said that this tonohing up was done for the purpose cf 
eliminating the dirty background|6md to bring out the writing 
more clearly* 

(Szhibit ”A” attached to this sffldavit is a photographic oopy of 
one of the original notes found by the body of Mary Phagan,whioh 
was written on an order blank* The order number is very Indlstinot 
on this^ fizhlbit "B " is a photographic oopy of the same note 
withe order number brought out more clearly, Exhibit B beigg an 
exact dc^y of the State's exhibit 2, appearing on page 262 of the. 
Brief of the Svidenoe, filed in the Supreme Court•) 

Hj^RY A* AlJtXAND^^ Sworn for the State. Q?h^ er^gsravers plates 
used in the printing of the pictures of the two murder notes in 
my penrphlete distributed to the public in February and March,1914, 
wore the Identical plates without alteration,change or retouching 
of my kind whatsoever that were used in the printing of the aame 
notes in the printed oopy of the_brlef-of evidence of said oaso 
filed in the Supreme Court of Georgia and aooepted asoorreot 
piotures of said notes both by the defensef** and by the State. 

The p t W h irw picture of. the yellow note on whioh the order number 
in question was shown appeared, in said brief of evidenoe on page 
263 of said printed brief. Said ^rief of Evidenoe was printed by 
the Poote So Davlee Company,of Atlenta,Ga. prior to Deoember 16, 

1^1^ ,—w b^ e n: it was d -e l -i:vered,arad the plate of said y-ellow murder- 
‘ note was made by the Southern Engraving Company some time prior 

tb“that date. I had nothi ng whatever to *0 with the m a king o f the_ 

pho tographjfs oft /of the plate of said yellow murder note# The pam¬ 
phlet referred to was written and distributed in the montfua of 
- February and Mwbb ,1914, a^month and a 

been made. It was also printed by ths Poote & ibavles Company, and 
1^.1.. ^ perolsalbn #f the attorneys for the dsfensejsi to use 

eaid plate waloh had lemalned In ttie poBBeaslon of Foote & DaTlee 
and. was still in their poo bobbI on. I neither almilted or stated to 
R»A.De7ore or to any other person that I had had the engravli* 
^'oompany to touch up said plate in oertaln plaoee, nor did I state 
to eaid DeTore or *>anyone else that this touching up was done to 
eliminate the dirty background or to bring out the writing more 
ulearly or for any other purpose. At the time said pamphlet was 
printed, the question of Beoker'e signature and the Involoe number 
, had not been suggested. 

Swon^for the state. I am oonneoted with the fire 

department of the olty of Atlanta,in the oapaolty of fire InspeotOr 

and hare bean serving in this aapaolty as fire Inepeotor slnoe 

February 1,1910. I am familiar with the building on South Forsyth 

— Street -, p arti^Hy-eeQupied by the National Penoil Company. It was 

my duty to make frequent Inspeotlons of this building from time to 

time to see that those in charge oompiied with the oidlnanoes and 

_ae to^lre risks and hazards . I frequently di^ mdc-a, 

fro m time to ti me auoh^uspeotlons .Inoludlng the basement of this 

building, owing to the faot that this building was an old one, 

and in this basement was a fumaoe. I am personally aoqiia in ted with 

Loo M.Frank and als o i^lth Mr.Jlarley.both of whom were oonneoted 

with the National Penoil Company. From time to time I oalled 

—attention to the faot that they were falling to comply with 

the olty ordlnanooB and eapeol^y as to acoumulation of trash aaJ 

Pfper and other combustible material and I have personally heard 

both Mr .Frank and Mr.Itarley g^lve spool fL<t_jLir^l on s to their negro 

enployeOB to clean up this trahh and to k^p it cleaned up. I 

have oompelled the offlolals .inoludlng" Mr.Frank and Mr.Barley,- 

thrcugh their employees to clean up the basement of the factory 

in oo . mpl iance_wi-th-4Ut^-o^naiioe of^th^erOity ■bfrAtianta."code sect- ” 
- ^ 6i 

ion 1099nHiwt j^euing the terms j^he said oidtnanoe, I did Inspeot 
from time to time the basement the National Penoil gaotorw 

'.during the period prior to April £6,1913, and from''ITe-date In- 
dlo ated, that is from and about February 1, 1910, regularly and oon- 

^ dp-tp-Apm £6,1913 and since that date. Mr. Frank took ! 

up with me the matter of being allowed to plaoe empty boxes for 
122 ^•'WWlly in bw basement, whioh was allowed, provided 


_ __th_M(« box«B‘would only remain a short time to go out as-t*ty iwre 
needed In ebipplng end to be so arranged and stacked regularly as 
not to prevent the cleaning of the basement of ps5)er,trash or 
otlier oombustible material, i oan be positive that the basement of 
the National ^enell Factory was cleaned of trash, paper and other 
combustible material between January 1, 1910, and April 26,1913, 
and 1 Oan also be positive that_.ihe basement of the faotory was not 
allowed to have stored therein papers. 1 h^ve examined the order 
book marked Exhibit A of the National Pencil Faotory attaohed to 
the affidavit of Mr,Phillip Ohambersrpdated April 20,1914, and I 
oan say to the best of my knowledge and belief that I never saw a«y 
suoh boo ks or si milar paper material in the basement of the Nation¬ 
al Penoll Faotoiy ,and If I had so seen same, or any other paper 
located therein, I would have ordered It removed at once. 

Ordinance,Seotlon 1099, 

Ksl referred to in the above euffidavit,) 


. Page 311, Section 1099, 

Oombustible matter in Building,Cellars,or Yards to be 

shall bs Fi re Department — N o -person 

petmitted to plaoe and let remain in any box. barrel! or 

Street, alley-way,or yard with¬ 
in the fire limits .longer than six hours, any loose straw, hasr 

other oombustible matter; end all owners or oooupants of 

'i®^®'’y required to 

^^® ^42,^®^^®“^’ member thereof 

desigiated by him, or any officer or member of the police force to 

.their buildings cellars md prsmlsss, to s?J irthiroj;- 

With, and it is hereby made the duty of 
Soh°lMpeStlon! ^^epartment, and of the police force to mak e 




A 4 >'i.—!■« , Nfilter Taylor,Clerk of Council of the City of 

<Jorporatlon,ln saiS County .under the Iots of 
oerWfy that I am the Clerk of Council of 
aforesaid, and that as su^ 1 have in my 
onsto^ Md mre the lars. ordinances and records of leglslat^n 
42 Atlanta, Including the Odide of the City of 

hereunto set my offloial hand and seS this the 
of tj Oltf of®AtlL© (slil) « Oounai 

Sworn fop tho BtaOa, SIqo, i wae owom on tho trim 
the ease o f the_St.ate veu-leo.JL,Frank-,-1 have-aat madman af f j- 
davit or signed a pqper for anybody. 'l haven’t made a state^ht bo 
anybody changing in ^;ho least bit, the evidence that.JE-gave on the 

!he tria l is abs 



aw(y^9 on the trial of the oase of the State vs. Leo M»?rank as 

folloim: "Ihat on Saturday,April 26,1910,1 saw Jim Conley at the 
4 oomer of ?orayth and Hunter Sts. I met him there at a saloon. I 
y Conley osme In, and we went on up forsyth St. 

to Mltohell, and out Hitohell St. to Mangum and from Mangum to 
V.Hunter and on down to DaTia St. and we met some other fellows 
Md we stopped and talked with them a few minutes,and I goes on 
home. I was going to the ball geme. I met Jim Conley first at the 
oorner of 7orsyth and Hunter St. between 1 and 2 o'olook. I oan't 
be more aoourate than that beoauee I didn't pay any more attention 
I know I got off after one o'olook from my work. Jim Conley wasn't 
drunk when I saw him. The plaoe where I saw Jim Conley Is on the 
rlflfht In the next blook to ifae National Pens 11 Company's 
place ofidtualness, the opposite oorner from the block where the 
pencil company's plant Is lodated. Tke way Jim Conley and I went 
was •^wards Jim Conley's house. 1 don't exactly the time I left 
Jim at the comer of Hunter and Davis Sts, but It was somewhere I 
guess wter 2 o'oloo. I gave Jim s glass of beer, each one of 
US naa some* 

I have been knowing Jim Conley about three or four years# I have 
been shown on this Tuesday, April 28, 1914, in the office of Hugh 
M. Dorsey. Solioitor General, ani affidavit whloh purports to have 
been aewasr to by me on the 6th day of February, 1914, before C,rV# 

Burke, a Notary lubllo, for Pulton County, Georgia. The signature 
as attached to this paper Is a forgery. Some parte of said afflderlt 
however, are true, and some parte are falee. The affidavit is false 
when It seys that I was not Joined on the way by anyone and Is 
false when it says that I did not meet anyone I knew until I reached. 
Dt-vls St. The truth as to what really ooourred was told by me on the 
stand, I do not know O.W.Burke. Sometime about the first of the 
year ,_two Joen^oome to see me up there at my work, aid they asked me 
did I see a fellow get hurt In the Central Railroad. Thqy told me 
it was a fellow by the name o f Ge orge Brown and I told them I did 
not know.anythlng about George Brown or any other fellow getting 
^urt at the Central Railroad. They said for me to sign a paper 
they bad whioi^would release me from coming to oourt. The pe^or 
whloh I signed had big letters at the top,like a grocery etoie * 
heading and It wasn't a long piece of paper like- the affidavit whloh ' 

I have Just seen and rea d whloh C .ff.Burke claims I sig ned. I signed_ 

- th^p^er with a penoll. I Have Just gone downstairs to the' side-^ 
walk and standing In front of the A1 Bronx Saloon I sow the little 
f- flllow wh o got me t o s ign tb l sT^er. Mr.Barnes aooompanled me 
down there and he t ^ me the man I saw down there was Sirnnle Wrenn. 
S PGBW, ("BT IDDT BROOKS") 3wi ?m for the Statfr. Utare^fenowi ^- 

tty fones for about six years. I have also known Jim Conley ever 
Blnoe he was a baby. On April 26 ,1910, I left my plaoe of buslnese 


< ■ 

between 18;30 an^ 1 o'olooki After going home I stated baok to 

to.wn to. go to the ball game* I met iTy^Tones and Jim Conley at the 
oomor of-Honter and H ttynea Streets at 2:15 p«m« and heid a oonver- 
shtlon with them* I told them I was going to the ball game* Ivy 
Jones said "Well wait for me over on Peters St# and 1*11 go with 
you. Then I left them. I didn't go by way of Peters otreet then 
but went over to Jthe house of Uajor Caldwell on Nelson Street and 
went w ith him to the ball garae.I didn't see Ivy Jones or Jim Conley 
any more that day. About three weeks ago a rather small, young, 
olean-shaven fellow oame to see me twloe,. The first time he oame 
he sa id he wan ted to ask me about a railroad accident. I said I 
didn't know anything about any railroad enoldent. He said he wanted 
to find out who I mot that day,on April 26,1913. I told—him I-met- 

Ivy Jones and Jim Conley. I told him how I had met Jones and Conley 

on Street that day and that was the only time I saw them. 

A little over a week after that, the same young fellow v/ho had talk¬ 
ed to me before oame agSln. He handed me a peper. The peper said 

that me eni Caldwell went out to the baseball ^ame on April 26,1913. 
I mot 

It said that/ivy Jones on the corner of Him ter and Haynes Streets 
along about 8 o(olook,and I said "No, it was 2:16. o'olook. You 
ain't got Jim Conley's nar.e there and I told you I met both of 
them, Conley and Jones.” He took a pen oil and put Jim Conley's namw 
on the paper and arpawnttoca he put 2:16 Instead of 3 o'olook. He 
—handed-me the paper and,a penoll and said to sign it. He said he 
was going to have me subpoenaed to the Supertcr Court if I didn't 
sign it end I said I didn't oare for I didn't want to I 
haver signed any paper fo r him at al l. 

JAMBS H. WAITS. Sworn for the State. On or about Mey 31,19H, I 
. was with my wife,Mrs,Hattie''Warts',on a train returning from Savannah 
where we had been attending the Odd Bellows Convention. Somewhere 

near Jessup, Sa. I purohased a newspaper carrying the oonfesaion 
of James Conley., in which he stated tixat he met Leo M. Prank at 

the corner of S.Porsyth aned Nelson Sts. on April 2C,1918,.My wife 
inoadiately.stated that she must have been Prank end Conley at th-ia- 
_ plaoe. In some.way the detectives learned what Mrs.Walts ibiaw and - 
called to sSe us. , 

jpg. EATgia WAITS, Sworn fbr the State. ”My huaband^I^were living 
■ at Ho .20. I faladi i^ e ^haa strest in t he iOlt j-of-^tla nta^ii_Ap r i l £ 6 . - 


1913• On Satttiflay morning, April 26,1913, I wanted to go to town 

to get my nleoe,who 11 res wl^'me. some slippers* I always go to 


tom aoroBB the Helson 3t* hridge.-As I reached Nelson and Forsyth 
Sts* I eaw a n^ro and a white man standing on this oomer talking 
together* The negro had hie face turned towards^P^^The white man 
at first had hishaOk to me .and I thought at first the white man 
was a gentleman I knew. As I got even with them the white man 

^ gentiemem thS^ I “thought he me^ I reoogriiBed this white men as 



one whom I had seen several times prior to this date* I have setn. 
him several timee on Forsyth St* I have since seen the negro end 
this negro was Jim Oonley* I have seen a number of Ji lotures of Leo 
H* Frank an^Loa U* Frank Is the same person I saw talking to J|m 
•Schley. To the best of my knowledge It was between 10 and 11 


o'olook* I saw Hr«Fraijk at the tried and reoognized him as the 
man I saw standing on the oomer talking to the negro* I was un¬ 
willing to m*e this affidavit until I first went In person and 
looked at Coinley himself* We went lo the oounty Jail today and 
saw Oonley and I found that he was the negro that I eaw talking to 
Mr*Frankt between 10 and llo'olook on April 26,1913 on the North¬ 
west corner of South Forsyth St* 
a*L* Sworn for the State* I am personally aoq\ialnted with 

. lfoa*J*U,Walts* 1 have known her well for a shott period* I am ac¬ 
quainted with her. general oharaoter and reputation* It Is good* 

0* H* PPOKBTT. Sworn for the State * I am personally aoqiialnted 

—\j with Mrs*J*MiWalts. I have kriown her for ton years. I am acquainted 

with/general ohamoter and reputation* It Is good* I would believe 
her on oath. ' •' 

. - 16TH QROtJMD* 

' Hsp-.m FSlROgsoW. Sworn fbr the State* Sinoe the frank trial last 

'summer, in irhieh 1 ^ve^eatimony-, two ottemj^ts~have“Tre.en“mBde 
either to get roe to leave the olty or ohange my testimony- the first 


by money and the second by having a young man make love to-me and 
offering to marry me* Shortly after the trial I left home one morn¬ 
ing to go to my work and on a street oomer a young man who was a 


Jew oame up to me and said he would give me ciaA pay my board 
and all expenses if I would leave Atlanta, as^Frvak was going to 

-end tamed -an d w al k ed- 

The eeoona attempt ooonrred In Seoenlber.durdUig the two weehs Juat 
before ahviatmae. When I left my nolle et the Oltiik Woodenwsre Com¬ 
pany one afternoon,In Daoember, I was walking down the street with 
another e^lrl whon ft youf§ man,whom I afterwards found out to "b e 
Jimmy Wren stepped up and said ’Howdy doMlss Ferguson.” I 
told him I didn't remeDPiber him and he Bald:"!I)hiB ie Mr.Howard,don't 
you remember when you worked at Blooks? I worked there too and wanted 
to meet you then but I didn't have a ohanoe.''Thnt was the way I 
met him. He took me to the show a night or two later-a^d-was-mlghty—^ 
nice to;^I hadn't known him more than tTO da^ra,before ho began to 
make love to me* A »igfaiajgAijiti&ljDb«E3^ few days after I met him we 
were vtalking uptown together .when we met a big heavy fellow .whom 
I have sinoe found out was Mr*C*\V.Burke,the detective* Jimmy ffren, 
or Howard, as he ealled himself at that—tiaev-stopped and Intro¬ 
duced me to him as hie father* We talked for several minutes* He 
said some awful things about the police* He said something about 
_ wanting me to make a new statement In the Frank case,and I sftld 
”No sir” As we turned to leave he said to Mr*Howard "Bring her up 
to the offloe tonight I want to talk to her anyhow*"-^ That night 
^Mr*Howard oame to the Olark V/oo4enware Company at 9 o'olook when I 
got off to take me to town to see a show, Jlmny was making real 
love to me lhat night, said he wanted me to .marry him,but he kept 
on talking about wanting me to sign an affidavit about the Frank 
oane first* He took me up to the Grant Building and there In an 


offloe hlB- "fatber" was waiting for ns. They asked me « 

OmaXO**. iXr Mjnau» cCtCuA. f?MEk>«JC 

ohange my statement in the Jrani^ oase But I said that I had told 
th(^ truth and waen't going to ohange it, and Jlnsiy eald "Well, I*d^P 
hate to be the main one to put the tope around ffratek's neok,and X- 
eald I oouldn't help It,sinoe 1 had only told the truth. While we 
^were talHi^ 


them that I was afraid of Jim Conley. They then dropped the talk 
abwut my eyldenoe and TlAsd Up an Bcf flda v lt 'f o r' me t o elgn abou t ' 
Conley, and Z signed It In order to satisfy thJOL* I haye nerer sei 
him but onoe Blnoojbhat night."I foxarr out-srfew t'eyn'-lat-or that 
his resQ. name wae Jlnroy Wren and not Howard. It wes se^ral weeks 
later before Z found.out that Rla "father"-wae the detective O.W. 

Burte. A newapiq^er reporter oame out to see me about «y "affidavit 


he^ wM. noM ot 

[. iVoum. 

and. deeorlLed Barke to me dnd the deaorlptlon made It plain that 

H« I« QUHH. Swom for the State. I am p^sonally aotnalntad-with_ 

MIbb. Helen.Fweaam. I have known her for the last.twelve montha. 

I am aoqoBinted with her general oharEUjter and reputation. That 
oharaoter and reputation la goo^ and I would helleve her in a 
court of Jnatloe or anywhere elae • *' 


J» B» PUFFY. Sworn for the State. I am the J.E.Duffy who waa a wlt- 

neaa on the trial of the State va. Leo M.Frank. My evldenoe/^e aa 

follows: "I worked at the National Fenoll Company. I was hurt 
there In the metal department. I waa out on my foregfn-flnger on 
the left hez:d. That. Is the out right around there (Indloatlng) It 
never out off any oflaji fingers. I went to the office to have it 
dressed. It was bleeding pretty freely. A few drops of blood 
dropped on the floor at.the machine where I waa hurt. The blood 
did not drop anywhere else except at that machine. None of it 
dropped near the ladlea dressing room, or the water pooler. I had 
a large pleoe of ootton wrapped around my finger. V^hen I was first 
out I just slapped a pleoe of ootton waste on my hand. 

CROSS EXAUINAT]X)N. "I never saw any blood anywhere except et the 
maohlne. I went from the office to the Atlanta Hospital to have my 
finger attended to." 

Bhat statement is llie tinith. The reason I changed my evldenoe was 
because O.ff.Burke first oame to see me. My b rot her-Inlaw, Moll 

Arnold, oeme one day where I was working and told me that a man by 
the nane of L.P.Eubanks wanted to see me that night at hl8(Bubank's) 
house Mr.BuriEe was there and met ue wlth Eubanks, that being the 
-aeoond time I had seen Buite. Burke went ahead and wrote out a 
-pap-er and had me slg^i it. That 'paper waa false. Burke did not pay 
me anything,but promised me that he woulft get me a Job paying me 
flE.OO a week until he got me a job working with the Southern Rail¬ 
road agedn,lf I would slgp the affidavit. I borrowed $6.00 from 
B xl l Mk s of L.P.Eubanks before I made this statement and Eubanks 
told me if I wanted money I opuld get it from him and he would take 
“my notes for it. Sometime about a year ago myself,L.P.Bubanka,Kell 
Arnold and B.O.Duffy (my father) werearreated for alleged oar break¬ 

ing. lubanks is the men who swore against the” orowd and aeoured the 
Indiotmuta. At that time ti.V.Bnike was the special agent 0f the 


Southern Railroad and had charge of the prosecution. It was. through 
Burke that Eubanks' oase and the oases against the other men mention- 
.ed was nolErosse d. EubaakB,.. Instils proaeoutlon.was Burfc-'-a head- wit-— 
nesB In 611 thea* oasess . A fellow by the neme of Fritz Lynn aid 

Jim Wren took me Thursday night,April 00 to m^ibther-ln-law'B house 

atZSS Barnett Street. Ihis wae eometlme before 12 o'olook. I oonld 
not get In the house and took :astreet oar to my own home. When I 
got home 1 saw Jim Wren and Lynn In an ant oooblls. in front of my 
house. I whlerble* and they oame up to :Where I was. W ttld them I 
oould not get In my mothergl n- la w Js-4iouBe-.-T-heB^hey-pu-t me in the 
automobile and etfter drlrlng around town a little bit and giving 
mo supper,oto. they then took me to Amtell, (J^. All the sleeping 
I did that night was done in the automobile. The automobile was 
stopped on the side of the road and all of us went to Ikbok sleep. 
The nest morning we spent in Austell. Wren and I stayed in Austell 
and Lynn oame baok. Lynn Is the man'who drives thenautomobile for 
O.W.Burko and Jim Wren l8_wqrtlng on the case for C.W.Burke Wren 
bore all aipenses. Last night, May lst.Lynn, oame to Austell and 
brought me baok to Atlanta to the Cppltal City Chair Company on 
Marietta St. That was around 9 o'olook. There were a number of 
people gathered there, all of whom I took to be Jews, about eight 

or ten in all. They asked me all about my oonneotIon ,with the oase. 
I told them all about it,“and told them that Burke had promised to 
keep me out of Jail if l would sign the affidavit whlqh I had sign¬ 
ed for Buxfce, and to get me out of any trouble of any kind In whloh 
I got. The othsr day, when Mr JI.A.Garner oame out to ask me to oome 
to Mr.Dorsey's office,! told him d would oome if I oould, but I 
did not oome. -Afterwards when Mr .Garner “oame to serve me wit h._a Bub-_ 
peona I saw him eAd dodged. 

W. A« GARNER. Swom for Ihe State. I went—to the Southern Hallroad 
Yards at the lower end of Beoatur Street, today about one o'olook 
it.-fijDalfy_ln order-to sub-poena him to go before an of- 
fiolal oourt stenographer-to make.>a statement for the hearing of an 
extraordinary motion for new trial in the Leo M.Frank, oase, or to 

6i=Th e“^ir8“t 

tine 1 saw him at this time was when he oame out of a little shanty 
in the latlroad yards and started walking fast toward aomw vor 
As soon as I saw him I started running after him but -before -1 oould 
get over to the shanty, he was out of sight,there being many box 

-oars-standlng'on the trajtics-all-around there whloh prevented 
■ my finding him or seeing whloh way he went. As soon as ,I got over' 

129 , to Bh»»ty,thongh_.I swLMr.L.PvBubanks^who told me that he had 

teen talking with. Duffy Jus^a moment before and Duffy had said: 
"Yonder^ a fellow I don*t Want to see." Eubanks asked him "Who 
ie it?"-Duffy Rejilled^ao Eubanka told mo; "Newt Gamer,and Duffy 
reipQLied "I*m going* to beat it," and immediately left. For three 
quartex^of an hour I searohed around among the box oars 
looking into many empty box oars, kmgkt hoping to find Duffy,but 
finally left without findlhg him. 

ROBERT L.^WaSGOHBR«J. H. DOYAL, Sworn fbr the State. We are de- 
teotivefl of the oity police department of the oity of Atlanta. We 
are acquainted with J.B.Duffy, Several months ago we saw Mr .Duffy 
in the offioe of the detective department. We do not know whether 
or not he came to the offioe upon hia own^Jjiitiatlve,or whether 

or not someone requested hlmmto oome. The first time we saw him was 
when he was there and talking about what he knew about his haul gett¬ 
ing out at the National Penoll Company. Mr .Duffy stated tl^t he had 

hewd^kat At h^^een stated that the blood found on the factory 
floir possibly oame from his finger when it was out. He stated 
that this was not true, that It oould not hgve been possible. He 
stated as his reason the faot that he had some waste in his hand 
at the time his finger on hls^t^er hand was out and that he caught 
his finger at onoe in his other hand with the waste around It and 
held it tight oatohing whatever blood oame from his hend in the 
waste and holding his finger tight with the wai^e so as to Impede 

. the flow of blood, and that holding his hand In this way he went 


immediately out of the room and on into Mr.FrcQ!Llt:*s offioe. 

Hb-Jb Sworn ftr tho Stete*! am the father of J*B. Duffy. ' 

Alxnit one monttls ago I was it ofci.g walking home from the Southern 
Railroad yards with L.S.Bu'banks and L.P.Bubanks said to me: "Ve 
"Si'e'IIEettrng your son, J*E .Duffy,have money , and we are taking his 
-- n-otM-fOJf 

to pay It taok. 

H. A» &ABNBR.S« 1« R088BB. Swom for th. State* We know J*BI. 


Duffy and togethw sdoUt we talked with Mrlkiffy, at the offioe of 
the Solicitor General, a short time after the murder of Uary Pbagau 
-€tnd^-^fi^»^^HffyM:old^^ao:^hat when hie finger was out "at, the National 
Penoll Company,that h, ^lad some waste and that he immediately 
-wrapped It around his finger and held the waste and thj Injuied 

finger in hAa untejnxeA—hand and that he ^me absolutely sure that 
no blood oould have eaoaped to the floor; that.he Immediately went 
— to the door' of Urt7rank'8 office and from there to some hospital# 

We were at the timeof this statement dlsoussing as to how the blood 
spots had gotten on the floor of the factory, end the faot that 
it had been ouggeeted by someone that the injury of Mr#Buffy'e hud 

was probably-the source of the blood. This Mr.Duffy denied. We tali- 


ed with Mr.Dnffy on the evening of April 20 ,1914,at his home in 
Atlanta and Mr.Dnffy then stated that Mr J>or8ey. the solioitor 
■ ' General “had "not“paid “him any money, but that the Solicitor General 
did O.K. his subpoena,so that he. odiuld draw his compensation as a 
witness allowed by law, and that after the solioitor approved his 

_ subpoena that he(Mr .Duffy) went to the County Treasurer and got 

-bhe^mpney", Tibout 

H« 1*' OULBroSOMg Sworn Ibr the State. I am Treasurer of Fulton 
County, Georgia, and was during the year 1910; The record in my 
office show-that on August, 19,1913, 1 paid to one J.B* Duffy the 

sum of ^7.60, same having been paid him en a witness subpoena ap.- _ 

proved by the Soltltor General for two days' Bervloa as a witness 
and an affidavit sum sworn to by-the said J.£.Duffy for |0. 60 
mileage. Stacipp rs v Bda i tt nsBfat»jap«en«aBtetfaayiBKti>«vttxiiarBtii 
xs f sm s d rJMXMxnh s rstoaat taejprihK 

MILL AHSOLD. Swozn fi>t the State. I was indicted in the Superior 
Court oC Fulton County, on evidence produced by C.w.Burke, who was 
then speolal agent on the Southern Railway. There was absolutely 
no truth in the charges against me. Burke's main witness was one 

L.F.Bubanks I lost my Job with the Southern Railway on account of 
this IzUllotment. OfW.Burke was helping me,since he left the Southern 
Railway to get my position back. While Burks was helping me to get 
fSiyi^Ob^aoSrione Tay “hoTaeSeUrw^o^ueie'^'^rothen^lh^law; 

[ end to ask him to go to the residence of L.P.Bubanks on Alexander 

f Street* I went to y.E.Dnffevimd told him to cor to Bubanks' house* .. 1 

1 ! 

1 ^ 1 

i am not positive whether I told. Duffey that d*W.Burke would be 

there at EubaxAsr house or not* After I want to Duffey and request* 1 

' 131 

t t ___—' 

ed him to go to Subanks* house 1 was present when Dnf:Q^ executed a I 

paper for Burke* Burke eol Bubaake however both knew that I WM_ _ J 

going to be present when thv interviewed Duffy. After this oooaslon 1 

■ i- '' ' ’ 1 

» ,1 got my Job baok on the Southern* ?rltz Lyn was also present t 
7*en Daffy made this statement for Burke. I do not know myself 
about any money being paid. I had been proolsed the Job by the 
Maater Heohanlo of the Southern Railway and Eubanks befhre the 
Duffy statement. I do not know whether It was the next week or the 
next month, but semetlme soon after this I went baok to work for 
the Southern Rallwey • 

G HOjyp 18 

J* L. MOORE, Sworn Ibr the State. I know Mrs.M.Jaffe.wife of the 
optioian who did nm an optloal business on Whitehall Street be¬ 

tween Ultohell and Hunter Streets. I was In the plooe of business 
of M.Jaffe several times during the month of May,1913.Immediately 
following the murder of Mary Phagan on April 86,1913,and from time 
to time I discussed with Hrs.Jaffe the Prank oase.either while 
he(Mr.Jaffe) was actually at work upon my eye-glasses or v/altlng 
on someone In his shop, or while I waited for the retum of her 

hu^and. Knowing me as a oustomer, she discussed with me the Phegan 
murder and the connection therewith of Leo K.Prank.who about this 
time was indicted by the grand Jury of Pulton Superior Court. She 
discussed with me In detail a great deal of the evidence, and 
particularly the evidence of James ''onley and endeavored to have 
me say th at I considered Leo M.Prahk Innocent. At th time did she 
ever Intimate or suggest In any of these oonversatlons that she 
had ever seen Prank on tAe-Rtraet on the day In question or at 
any other tlbie* 

8* H. ORR. Swom fbr the State* I am personally acquainted with 
IteBtM.Jaffe. I hove Impwn her for two-or three years. I am person¬ 
ally acquainted with her general oharaoter .and reputation. That 
general oharaoter Is bad. I could not believe her on oath. 

gia) AMBMPUmm. — 

ifer t he stat es I woe Ber ing Hugh M.DorBey« 
^Solicitor General,In the capacity of stenographer .and as such took 
down the questl ons propounded by ^h U.Dorsey to, Mrs Jlaud Bailey, 
hereto httaobed and. marked BxhlblfA^. This atenographlu report Is 
a full, toie and-correot report of the questions asked and the answers 
given by the said Mts^Maud-,Bailey. This papers,wae teiken on May 14, 

_^91®» io the offloe of the Solloitov General In the TErower Bulldlzit 

in the presenos .o f- Mr * P lennle Miner, Mr .Baas R osser, Mr. i)Qraay_ _hhe- 
SolioUWr and. the paper was wrltteh b y m s and s lgns i d la m y .pr seem e 


by Mr8.Maud Ballfy. 

(Sbe fpllowing Is exhibit ”A" referred to above*) 

"Statanent of Mrs (Maud• Bailey,&63 Mimplirlea St*,Atlanta, In refer¬ 
ence to tbe murder of Mary Phagan, Atlanta,April 26,1913, In the 
presence of Mr.Dorsey, MisMinor,detective Rosser and B,s.Smith. 

Atlanta, Sa.,-May^l4,1913. 

Questioned by Mr*Dorsey* 

Q* What business is your husband in? A* Meat outter, on Gordon St. 
and Nesbitt* 

Q* Where did you say you lived? A* I live at 263 Humphries St. 

Q. Where did pou live at that time? Q* I lived in a whole lot of 
^laoes, Aoworth St*, Greensferry Ave*, eto* 

Q* You used to wort at the National Pencil Co? A*Yee sir,one year ago* 
Q* Did you know Mr .Prank? Yes sir* 

Q. What kind of man is Mr*Prank; what is hie reputation. Q 
A. He has always treated me mighty nice. 

Q* What is hla reputation, what did other people say at the time, 

A* Some say mighty nioe-thlngs, some say not* 

■Q* Those that say he is not nioe, in what way did they say he is 
not nice* A. They seemed to say he Is too fast around theg:lrls. 

Q* That is his reputation,being a bad man" after the women?A. Yes sir. 
Q. What did you ever hear any of them say about his undue familiar¬ 
ity with the girls, or what was your experienoe yours'elf?—A. 1 
heard a right smart of them say he got too fresh around the girls. 

Q. How manyM A* A whole lot of them. 

Q. Would not you name a few? A. I oould not. 

Q. I just want a few nvx names. A. Well^_my_mother._ 

Q. What is her name? A* MTs.Mae Barrett. 

Q. What did you hear your mother say? A. Mama sals Mr .Prank was not 
running the plaoe rl^t; that he was too fast around the girls. 

1 think so nsyself . 

Q* What did you ever see him do? A. I never paid any attention to him* 
Q. What are some of Ihe things you saw him do? A* I never saw him 
do anything,tut he said he did not want old ladles to work there, 
he wanted young girls* ’ 

Q. Were you present when a woman gave birth to a child? A* I was 
up there when a girl misoarrled* 

Q. Who WM that? A* Viola Franklin, and there was another one mis¬ 
oarrled there, but I dont remeidber her name. 

Q. What did*Mr.Frank suy whtn that girl miscarried that you know 
about? A. He never done anything; let her stay in the dressing 
room until she was able; she stayed there about two or three hours. 
They never said aiythlng about it; she worked there about three 
months after that. 

Q. Did he get excited nr get a Debtor? A. Certainly. 

*u ■’^0 who was the father <f 

the^nlld? A. I dont think there kb anyone at the f ao tory was. 

?*' one, did Mr .Frank pay any attention to that? 

A. It seems he did. 

Q* Who was she? A* I dont remember* 

Q.Opie Diokson or Mattie Smith? A. One of them. 

Q. Are you sure, it waa on^r t!ie other of them? A- Yes. 

What dl^he do this time, did he seem very ansbus? A. Just got a 
doctor to her there; oams up several times to girls there* 

Q. .What Doctor? A* I dont know what doctor; the anbulanoe oame once 

T° 4 -h«,? St ^^® 5^13 8118 Reed; She was laid out on the table; 

thought she was dead. 

^ Was that in oonneotion with child birth? A* I dont Imow never 



fanullart A* I never paid attention to Frank, never had time* 

?h« talked eround that he ma trying to do things with 

the eirls that was the general talk and general reputation? A* I 
oertainly havo# 

QuoBtloned hy Mr#Roaaer# 

Q# He wanted young girls, not old girls? 

A# Ho wouldn^t hire old girls; looks like to me old ones oould .do 
the work Just as well as the young ones# 

Queationed “by liIr#DorBoy; 

-Q# ifo prsfarrwd: ones^th aliar t skirts? A# Yea# 

Q# Ha said he did not want any old women? A# Wliy oertalhl'y# 

Sr! .80 “bad it was oommon talk by ovrerybody that 

worked there? A# Soma of than that worfeed there didn’t say anythlrg 


Irat that vaa heoause they were his pets. He had some pets around 
there. • ’ ' 

Q. 7du were there Saturday, April S5th? A. Yes, quarter to twelve* 

Q. Who all did you see? A. Ur J'rauk. 

Q. Wiiat was he doing at that time? A. He was going to the shipping 
room, and he spdke' to me. " 

Q* tVho else did you sesT A* Arthur White. 

Q* Whet was he doing? A* Standing there talking to his wife. 

Q. Who else? A* Oorlnthla Hall. 

Wh 0 else? A* Bmma Clarke 

Q* Who else? A* Stenographer In the office; I dont know her name. 

Q* Did she weenr ^Lasses? A. I a—tnii dont know, I never saw her faoe* 
Q* How did she look? A* I never paid much attention to her 
Q. You got there at what time? A* Quarter to 12. 

Q* How long did you stay? A. 10 minutes 12* 

Q* You did not see Mary Phagan?A * I saw two girls oome out of the 
door, lut didn't know who they were. . hlue 

Q, How was Prank dressed? A* Prank had on a dark/su’it of clothes, 
was In his shirt sleeves, and had a p^er In his hands and was 
'^Ing to the shipping room; said to Arwhur: How ]ate are youngolng 
to work this afternoon? About 3, Arthur said. You will be shut i;ip 
by yourself. Then Arthur said all right. Then Frank laughed, looked 
kind of white la the faoe. That was before Mans oome down. 

Question by Mr .Rosser: 

Q* Did he look like there was any trouble on his mind? 

A. Yes sir, looked to me like he w 6 ls worried. went up there to 

get some boxes to make some slats to go up on the baok window to 
keep the sun out* 

Q* How long did Prank stay In the shipping room? A* Just a few 
minutes, want baok to the office* 

Q* In his shirt 8leeves?A* Yes* 

Q* ffus he writing? A. Haver saw him writing. 

Q, How oome you to notice him this time be lug nervous? A* I lust 
1» tened to him and Arthu r talk, I looked at Prank; he looked kind 
of funny,dropped his eye's when he went la the shipping room. He 
said Howdy Miss Maud, and I said. Howdy Ite.Prank, was all he said 
to me * 

Q. Did you over notice him being nervous before when you were around ' 
him? Ai, ffell I n<»ver looked at him that haid. 


4. What did Arthur Whlte'*» w i t w say to his wife when she went down 
toe steps? A. She was standing at the foot of the steps; had one 
root on one of Ihewteps* Arthur was standing there on the third 
or fourth etep, anyway he said: "You oen go down and stay at some¬ 
body s elae's iLOuse and spend the night ,beoauBe I'm liabb not—to- 

oome home t might, and m^ not .oome home tomorrow. "Then she sa^d 
HO, I'll stay at home whether you oome or not. He said: 
going to get on a "high-way", 

Q* Arthur said that: A. Yes sir, Arthur used to get beer, in the 

DSS6IQ9U u • 

Questioned by Mr.Rosser: 

I* about the cot being In the basement? 

4 .U did, until I saw It In the paper* I have never been In- 

n all over the factory except the basement, 

westloned oy Oapt # Jllnor: 

Q* Do the glrlB Md boys working there know anything about this 

basement? A. If they did, I never knew’anything. They stand by 

to e eleyator ,eye^ Aftyi-St- noon, talking, and ba ate-in. Ah...- ^arfc*. .._= 

heard-of any of them going down in the b asemenfe? A, No sir, 
wtstloned oy Ifr^Doraty: 

Q. Did you know Mary Phagan? A. I bertalnly txx did. 
i*^l was she? A, Nloe girl. 

Q. Wh*t kind of reputation, good or bad? A, Good imputation. 

Q* Never heard anything wrong? A. Never dldi, never saw anything 
*?"1^ ®tand on the italrway and talk with boys. 

Q* what about the general reputation of that faotory? 

A» Well It had a pretty bad name I should think, " 

jSA,8A SM^IH, Sworn for tha stata, 1 took down the questions pro- 

pvnded ttXK by Hugh M, Dorsey to Mrs. Mia^ Barett,hereto’ attached 

and oorreot report of ihe quest-loiiB asked and the answers given by 

the said Krsaidjr Barrett. Shis pe^er was taken on Meqt 14,191Z,ln 

the presenoe of Piennle’ Klnor, Mr.Bass Rosser,Mr.Dorsey.the 

Solicitor and myself as stenographer and was written out by and 

signed In my presence by Mrs .May Barrett. 

(She following Is Exhibit A referred to In above) 

"Statement of Mrs.Uey Barrett, 853 Humphries St. In reference to 
■tapasa tisw oondltlons around the Pencil Company factory relative to 
the murder of Mary Phagan, Atlanta, April 86,1910, In the presenoe 
of Mr.Minor, Mr.Rosser,Mr .Dorsey and B.S.Smith. 

. Atlanta ,Ga,Mdy 14,1910. 

Questioned by Mr J)oreeyt 

Q. What Is your name please? A. May Barrett. 

~ Q. Where do you live? A. 860 Humphries St. 

Q, Where do youmwadc^^. National Pencil Co. 

Q. How long have you worked there? A. Somewhere In the neighborhood, 
of three years. 

Q. You xte were there on Saturday, April 86th? A .Yes sir. 

Q. When did you get there? A. Somewhere In the neighborhood of 
quarter to 18. 

Q. With whdm did you oome? A. By myself? — 

Q. Did you see your daughter there? A. Yes sir. 

Q, Who all did you see there when you got there? A. I went up 

on the top floor. I woik there, and as I oome baok my daughter was 
standing at the steps it the first floor and Emma Clark, forelady, 
was there , and Coilnthla Hall, and Arthur White, and his wife. 

Q. Did you see. Mr. Prank?!. No sir. 

Q, How long did you renadn up there? A. It was something after is 
o'clock, I remenier hearing the whistles blow. 

Q. How did you have your hair fixed? A. Just like this (Done up) 

Q. Did you see Mrs .Arthur White? A. I dont really know, but my 

daughter said It was. 

Questioned by Mr JRosser; 

SioSSr stay? A. I waited x for than to saw some of the 

planks on the rip saw. 

know It was fuarter to 18. Did you look at the olook? 

How long did you stay there? A. Some few minutes. 

onifl 2L suppose about SO minutes or 86 minutes. 

^ saw my daughter, 

Oorjnthla Ha ll, Emma Clark, Arthur White and hie wl?e. 

SStS2d*by MrJDorsey: A. 

y A* (Mary Phagan)A.^JTo sir. 

or goSg! Bto^pSme away? A. No sir, neither coming 

0* ® Yes air . 

Q* The whJtttlei hlowtd for 12 before you oome out? A* Yee sir. 

floor^ after 18? A. I dont know exactly; I was on the top 

® minute to walk down the steps? A. Yes 

SIT. 1 auppofle 8o» 

Yes Bfc there, two or three minutes after 18? A. 

- - tlma?^-.-T dont know'exactly.- 

Q. Did you hear him say anything? A. No n slr. - 

A* aoQaalnted with his general oharaoter- and r eputatlon? 

~~ -Q»j-Wha-t-ls ‘it-tha4--y-ouJaiQwIabout thin ’hnainAoa +i,=4. 

,io-» baok? aTn^ hln^at an, ^ ^ ® -you^e 

---4:4(3—§-i/4“JfOJ^-^e-U^aiViody.-±id*^at.--yo a-al but irtaw- 




Q.You do not know anythljig you want to sell do you? A, No sir, 

ae I loiow. , i.u 

Q. You wet*8 on the floor above the offloe floor? A» I am on the 
very top floor of t^he building. ^ ^ « 

Q. Your little daughter eaya ahe headd you talking about Mr.Frank? 

A. &he Is sadly mlataken.-I5y little daughter la not responsible 
for what she aaya. 

Q. This little girl? A. No air. 

Q. What Is the trouble? A. She tells lies. 

Q. What makes her tell them. A. I dont Imow. 

Questioned by Mr JRoaser: 

Q. How Is It you should be the first person to oome here and talk 
like you do when there are a dozen others tell the same thing your 
daughte-r did? Are they all telling a stoiy? A. I oant help that. 

Q. You are a married woman and know about these things: You never 
saw any of these foremen fell of the girl's legs? A. Saw them 
laughing and talklxig. 

Q, Never saw them with their hands on the girl's? A. I have seen 
them Jolly and go on. 

Q. What do you oall Jolly? A. Laugh and talk. 

Q. Is this aa far'aa they went? A. I didn't see any harm In that. 

I didn't pay any attention to aqybody's business lut my own? 

Q. What about whaa the girls aat down and ate their dinner, the 
foreman and boys getting down to where they oould see and peeping 
up under their dresses at their legs? A. .1 haven't anything to do 
about that; I am not taking oafce of other people's business. 
Questioned by Ur .Dorsey. 

Q. You say your little girl tells stories? A. She certainly does. 
Questioned by Mr Jiosser. 

Q. What did she ever tell a story about. A. I suppose that's my 
business; It does not oonoern others at all. 

Q. We want to know the trouble. A. I told you - - 
^estloned by Ur .Dorsey: 

Q/ Hasn't she good sense? A. I suppose she has, but she don't use It. 
Q. The people at the factory give her a good name. A. But you dont 

Questioned by Ur .Rosser: 

Q. You mean your daughter Is no aoooxint? A. I dont meant .that; I 
didnt say those words. 

Q. Just explain It your own way. / I said ahe s told stories. 

PIEWNIE MIHBB. Sworn for the Stal^ deputy sheriff of Pulton Coun¬ 

ty, Seorgla, and In making Investigations withj referenoe to the 
death of Mary Phagan, I, In company with detailves l.S.Rosser, 
went to the Swift Soap Works and found Mrs.Maud Bailey,daughter 
of Mrs.May Barrett at wbr^ there. She told us some things and also 
said In substanoe as follows;"That her mother,Mrs Jiay Barrett,waB - 
at work at that tin» at the National Pencil Company's place of 
business and that ahe was at .the National Penoll Penoll Company 

on Saturday. Ayrll 26,1913 at some time. She said that her mo ther_ 

knew a good deal about it,and th".t she knew a good deal more about 
It than she would tell, and that she would gave to get something 
out of it before ahe would tell." She said we would have a pretty— 
hard time getting It'out' of her, that she was mad«( at her (Maud 
Ba il ey ) becau se she had told It. I oarg ie4 Mrs.Maut- Bailey tn my . _ 

buggy to th 9 offloe of Hugh M.Dorsey,the Solicitor General, and 
3»L.Rosser, theolty detective,re'tumed to the offloe on the street 

Qar* I was presant/^ldSlrii. th .0 atsnogcapher took dowi tho q.ue8tloiiB 
propounded'to 'both Mrs .Maude Balle^jr ^dMrs. May Bawett. 

I told the Solloltor General aa to what Mrs .M aud Bailey h ad stated 

to me before hl^^gen lueetlonlng her. As Mrsl^^^^^wu’^nt to 

leave the office gf the Solloltor-Ge^; 1, ahe saw sitting la the 

offloes her -May Barrett 

s.ald in Bubstaaoe to her deu|hfef ^y/Cjl^ 

B. L. RQ38BR. Sworn for the State. I have read over the above and 

fOT-ago-ing-aB signed by Deputy Serhiff Plennle Minor. The recitals 

of faot as oontalned therein are true. 

MRS. T. D» MORRIS. Sworn for the State.I em perBonally aogualnted 
with Mtb. May Barrett. On April 86,1913, Mrs .May Barrett, Mrs jaaud 

Bailey,and myself and my daughter, Plorenoe Earnest,went to Moons 

Shoe Store on Mltohell Stt&et between 9.And 10 o’olpok. Mrs .Barrett 


said she had to go to the penoll factory bo she left us at -Hie cor¬ 
ner of Mltohell and Forsyth Streets. After Mrs .Barrett left us we 
went to Duffys,on the oomer of Mltohell and Forsyth Streets. We 
finished our buslnees In Duffys and oame out and waited on the 
oomer for Mrs.Barrett. She did not oome baofe as .soon as we expected 
her to, so Mrs .Maud Bailey asked me to. go down to the Rational 
Penoll Company's place of business with her to get h er mother. 

I.said to Maud I won't go upstairs,! will stay down here end wait 
for you. Stewart Ave oar mat oame along and. my d^ghter Florenoe 
said to me plot's go home". I said *1 oan'tHlave Maud's umbrella. 
.When my daughter b'oarded the oar and while I stayed in the doorway 
of the Rational Penoll Factory there was an old negro man sitting 
dom on a, bo* at the right hand side of a person as they went Into 
the the faotoiy.ln other words,the man sat at the .north of the 

entrance. Three white men were standing out in ffront of-^he- 

Whna I waa standing in front of this bu ilding two^ 
ladles oame down and went across Forsyth up Hunter 5t, One was a 

tall lady and the other was low and chunky. .There was a tall,slim 

negro sitting on the-meldo of the door and he oame out and sat 
down by the side of th« negro who I flrOt saw sitting on a box 

I hava-t'Odaj^ looWd at -ttis man that I saw BAttJLng, 

• on a bo* in front of^the faoto)!y,on April 86,1913, and I am Infom- 
that this'“80*8 oame is Truman MoOrary.- I remained in ftont of 
-^b-e.-pen0-11 -factory unt UU4IgB-^erret t and M ts-.Ba-iley-oStjuPdown. 


and Mrs.Maad Bailey left Mr& .Barrett at the grocery store and we 

caught a Stewart Are me’bar at the~oorher of Ultohell and Pd rsyth 

streets* Ae wa were eibout to oatoh the oar «e heard the IS o'olodk 

whistles How* When I got home it was twenty minutes past 12 

o'clock. About a week after the death of Mary Phagan, I was talking 

to Mrs .Barrett o^the oqmer of Wells and Stewart Ave» I asked her 

what she thought of the murder,as to who was guilty and she stated 

that she believed Mr.Praik was gui'ty and I remarked that she would 


have to go to court to testify in the case and/stated that she could 
not help that. Job or no Job she ha d to tell the truth. I had a 
® nversation with Maud Bailey about a week after this ooourrenoe. 

.M^ss Maud stated that she. knew a lot about the pencil factory and 

Sad to^eetiify she- 
Laat Saturday 

that she thought Mr*Prank guilty, end if she iM 
would say that she believed Mr#Frank was gullty< 
momlng,Mrs#Balley oame to my homse, 39 Oomulgee Street and stated 
to mo that the detectives representing Mr.Prank sent fbr her sever¬ 
al times at the Dixie Comb Company to come to the pencil factory, 
and she stated that a detective asked her if she did not want to'go“ 
back to work at the penoil factory, saying that they would give her 
a good Job, aBd she told them that she would not work there for $5, 
a day. Thes doteotivos paid her carfare and her time while she was 
away from her work. I have bem Imowing Mrs.Mae Barrett and her 
-daughter Mrs Jlaud Bailey going onotwo years. They lived next door 
to mo on Wells Street last year. I do not know anything about Mrs, 
Mae Barrett or Mrn.Maud Dailey that is good or bad, I do know that 
^it is generally known tha'^Mrs.Mae Barrett drinks whiskey-and gets 
drunk at times, I haTe heard Mrs .Maud Bailey on several occasions 
„8peak to my oAildren of knowing Mary Phagan and how pretty she was 
and what pretty hair she had, I have stated these facts to n obody 

^ahd would 'not have "stated it now “if it hadn't been~for~tfio fact ! 
that 1 road a newspaper account of the evidence purpotod to have 
been given in the shape of an affidavit by Mrs.Maud Bailey. I knew. 
^ that this statement as tothe time of her being at the pannil faot- 

_ 0^ f alse, I kne w that she was w ith me and she was obitgaa to 

know, that what she wtated was. not the truth, 

^3^ gLOHMCB BABBIT, Sworn for the State, 1 have read over the.affldavit 
_ “Me by my mother and in so fhr as it refers to mv bein g 


tny mother or aa to the faota stated la the affidavit^!a true in v 
every particular. 

MRS* MIHNB WILSOH. Sworn for the State* On the 86th day of April 
1913, I a aw lire (Maude Bailey at 188 Wells St*, my hushand's place 
of liJUBineaB, Mra tBailey oeme into the place and asked permission 
to use the telephone and we told her she oould use It.Whoeover It 
was she was talking to,she called the Swift Soap Works,where she 
worked at the tlme,and3» whoever it was that was talking with her 
at the end of the line evidently told her to oome up therefor her 
money for her reply was,''I oan't oome up there for I am siok and I 
—will send an order", and..! said to her after she got through talk> 
ing,what do you went to he lying to them for, you Imow you are not 
slok.and she said "I am always slok", A girl named Florence Barnest 
oame into the store with lire,Baile y.ond after Mrs,Balley had talked 
awhile, she let F lore noe Earnest talk over the phone and LIrs tBalley 
had a paid/of new shoes with her and vi'hile the other girls was 
talking,she (Hrs^Balley) tried on one of the shoes. All this 

happened a little "before twelve o'olook, noon, and then Mrs, Bail ey_ 

- went out of our place,add In about 15 or 80 minutes she came back 
and asked to use the phone again,and she called the Swift Soap 
Woiks and asked to talk to Mr,Eewoom'b and she seemdd-Jto b e quarrell¬ 
ing with Mr.Hewdomb , ld h im t o m eet her at twelve thirty 
or as soon t here aft er-aB-poaslble to see the parade* I know Mrs* 

■ Bailey's general oharaoter or reputation-* That character Is bad 
and I would not believe her o'n oath* 

MRS* J*ARTHUR WHICB . Swom for the State*! was standing talking 
with my husband, J*Ar±hur White,at the top of the stairway on the - 
second floor of Ihe National Peaoli Factory on Saturday, April 86, 

— 1913-, the day Mary Phagan was killed, between 11;30 and 18 o'olook* 

_T kio Q” jt that t-lma ■baoBn a a I ca m e out befAre .18*...WJlUiLBtandJLllg- 

thoro ,May Barrett"oame'down the^ steps from the floor above and met"- 
Maud Bailey on the second floor and they went on dcwn the ateps 

_toward the. front door* .! immediately followed.down, I saw them leave 

4;henffloe floor and I did not see than on the staircase or in the 

--^ - Hbulldlng -a»-1 wenfr ticmtt —^—-- - - — -^— 

IRTHPg WHIICB. Sworn for the State* I was standing talking with 
my-wlfe.,_st the top of the stairway on the second floor-of the 

1 ^ 4 

l« ) 

NatlOQAl Esacll Oompany.Tn ^trirday, April 26,1913, totween 11;30 
and 12 o'oloQk* I know it was lihat; time beoaose my wife left before 
12* While I wee standing there, Mra Jyiay Barrett oame down the steps 
from the floor above, and met UrB«Uaud Bailey on the second floor 
and they went on down the steps toward the front.door« I did not 
see them gO'out the front door, but I saw them leave -the office 
floor. - 

DR« RU33BIil D. SIALLIHGS. Sworn for the State. About three weeks 
ago late in the afternoon a lady oame in and asked mo to let use 
the telephone. After she got through using the phone,her was oon- 
versation with me was as follows: "I know in my own mind that 
Prakk did kill It^y Pha gan. He Is one of the meanest men I ev er 
had any dealings with. I worked for him ani I know him. None except 
' young girls and them good looking oen grt a Job with him,and they 
have to do as he seys or theyoan't hold their positions. I left 
beoause I would not do as he wished. My mother works there now 
but she oommenoed after Prazik was lookedHip."! was a witness at 
the trial.'! asked her her name and she told me her name was Mrs. 
Maud Bailey. J-.A.Bledsoe was piresent during this conversation. 

I have seen seme lady and found her name to be Mrs .Maud Bailey. 

W. T, gPINN. Sworn for the State. I am acquainted with the gener¬ 
al oharaoter or re^ntatlon of Mrs Jioud Bailey, and that oharaoter 
is bad. I have two daughters working at the Swift Soap Works, 
where Mrs .Bailey worked, and Mrs.Maud Bailey's reputation was so 
bad .’t hat I went to MriNorris,Assistant Superintendent of the,, 

Swift Soap Works an d told him that_.lf he didn't get rid of Mrs. 
Bailey that I would remove my ■two daughters from/the factory. A 
short while after that Hrs.Balley was dlsoharged. 

- J. H» DDHOAH. Sworn for the State. Imam aoqualn'ted with the gen- 

-r- “qjerai-ipharxoi^^^^ *£$ 1107 '. l t@ed to woi^k at the same ple^g~ 

she did and I. know her personally also. Her general oharaoter in 
the oommonity.whei'e she lives is bad ahd I would not believe her 
■ on oath / • ■ 

A. ABKISS. Sworn for the Stated I am acquainted wi'bh the gener- 
; oh araoter and^rephtgt^lon of ^^^"Jand Bailey;_that aharagter la 

b^ end I would not believe her on oath. 

.14fr B.aB.HOIi!C. Sworn for tfaa Stater—IlliVe ff'trrilgllella Siu,: At lanta v- 
Oa« Wert door lived Mm. Htade Bailey afad-Hrs Jia y -Baryetiu.- 


1 am elso^pefBonally aoqiiainted^lth Will NewoomVrWho 1 b a foreman 
at the Swift Soap f.aotcry, and he frequen tly v isited Mrs # Uaud Bailey 
while she was llTlag at Notll7 Wells Stt-He would stay there from 
.7 o^aleok to 9, IQ, 11 and IS o'olook at night and drink heer to" 

. gather* , I have known KracUay Barrett to leave and go to work of a 
morning before her daughter Mrs.MSud Bailey would go and after Mrs* 
Barrett would go Will Wewoomb would oome down there to see Maud 
Bailey,go in the house and close the door, but I don't know how 
long he would stay on these oooaslons* There was a man boarding 
with me by the 'name of Haynes, but he didn't stay very long. One 
night while he was there, somewhere around eight o'olook or half 
past eight,Mr.Hayes started to the back part of the house, and he 
oalled me to oome out there and see somethliig and I went out there 
and saw Mrs.Maud Bailey backed up against the railing of the back 
po roh and Will Kewqomib was. standing up betweeV her l-«^^ but we did 

nit do anything to In-tajn^upt-them. Another time at night, along about 
this time, About seven or seven thirty, I oome horn e and faunf(Mrsi 
Maud Bailey Inmy side of the hnuse, with, nothing but her night 
clothes on, and she looked like she was soared to death, and I a-sked 
her what the matter was,and she said -her mother was drunk and had 
run her out of the house, 'but soon after ■ I got there her mother,Mrs 
May Barretti got quiet and Maud Bailey went baok to her side, of the 
house. I knew the general reputation and oharaoter of these v;omen 
^and I didn't, want to live In suoh olose proximity to than and I 
moved away from there. The general oharaoter of these two women Is 
bad* end I would not believe than on oath. 

T» F» W HSOHy Bwtrn for the State* I am aoqualnte_d with the gener¬ 
al oharaoter of Mrs.Maud Bailey and that ..oharaoter Is bad'and I 

-would not 4>el-ieva-heir- on -oath. ....- —=.~ 

_BAKBR. Sworn for the State. 1 am personally ao qualnted with 


Mrs Jlay Barrett and her daughter Mrs Jlaud Bailey. Along last summer 
during the trial of the case of the State vs. Leo M*Frahk, I person- 
allyheard Mrs .May Barrett say that if she would teH all she iaiew ■ 
about the oase that both-Prank-and herself would be lynched. ! 

. ATH Si^a fi!im Aim WDMBHT. '■_- — 

AHHIB MAin) QARTBRm Siitom for the State. 1 was In the Pu^jmi Oounty 
Jail 6 Mntl^jS. I went-there last Ootober and- J im Oo niey was I n Jail 



when I weu3 put iri Jail* ffhenerer Mr* Roberts would go downstairs 
-to eD 9 t 7 the slops I would go around to see Jim Conley and give him 
things to-eat^j-wid—l think I went the'flrst Sundsy in Deoeniber. I 
wrote him two or three letters, and he sent^hem baok heoouee he 
-sedd he oouldn't read them • No 1 wrote him three and he wrote me 
ray knowing. Ihere was nothing-vulgar in either one o-f the letters 
he wrote me,and I sent^ the letters haok to him by Fred Berguson 
because I couldn’t real all of them,and 1 sent them baok to him .-rfl 
went down there -at IS o’olook to see what he v/anted and he wanted 
me to let him have ten oents to get a pleoe of bread and some sar¬ 
dines,and If there is anything vulgar in any of those letters he 
wrote ,lt has been put In there since he wrote them to me by some¬ 
body else* Jim Conley told me this last gone (Tuesday when I was up 
there to see Asa MoBarland. He asked me If any of Mr.Barns' men 
had been to see me, he said first did I know this other girl, where 
she lived, that had been ooming there, and I said I know where she 
lives,but I don't know her faame, 1 knew her sister but I don't know 
her,and he saya I know where she lives, and he said sombody told 
the sheriff about me talking to Jim and they looked me up about It 
and I stayed there a webk and thsy found I wasn!t down there at the 
time they said I waiFlind Mr .Roberts.had-the sh erif f turn me out 
again,and Jim told me Tuesday that sometne took those (fetters I wrote 
him aid the ones he wrote me and I sent baok. I asked him if he had 
them and he said no that somebody took them soraetimes-JLn'January,but 
that he sxtz Just hated to te^ .me. I said dont forget to take those 
lott^rB_out_lA'th you,for he toldi?me he was going to get out in May, 
and -then he told me that sOmlbody got them, Bur-lng Christmas,! was 
’ due to go in at 7 o'olook and. M!r.Glllem would lst me stay out until 
_ nine ,end nine-thirty. 0ne day “Jim Conley said "are you going to let 
her oome In here Mr.Sillem" and Mr.Slllem s aid he _oould_na.t-jdfcy;.--^:z^ 

— -f 

STtken'^Jhat^XThad-better wait until another time, and I said I don't- 
want go in there, and Jim said,"if ge' will let you in here It w 
will be satisfactory won't it" and I says"! don't think iSiat .mioh V 
of you,and Jim 8ays''you haven't been oorrespouding with me aU this 
time end don't think that nm oh of me, d*.-^ut Mrtryld • 
~ ^ wi n ha wfluid give me .00 hinaelf if I would go in there and see 

Jiitt Oonley. Seo* Yren wrote a letter and.give it to me,.tLr dropped> 

It firat. h a 8a ld -yim.-are-fo4ag-downatairM^gw-flnir- gM;BigTari ^ 



■ t. 


1 said yes,an& he said you go downstairs and give It to Jim Conley 
and tell him it Just ooim in throgfa the mail,and I took It down 

there and Jim said yon know I can't read.mayhe it is from my mother 

and 1 thQ-ughi!-it was devilment in it, and It tald in the letter," 
Now you know you know all about this, why don't you tell the truth 
about it, for you know you dre th the hands of your enemies, aifi-I 

will do this end that to you, and'"'if you don't teU the truth about 

it you will be hung by an enemy that is bitterly against you", and 
right after that I goes to MrtSuttleB,he oan remember the time, he 
was going down and Jim Conley hid from him because he thought he was 
a Jew, He went back end got another man,I think It was "Ifr.Owens,— 
and he said,"here Is another Jew Conley and laughed,and Jim Conley 
said "I thought you all were Jews at first* MriClllem says to me, 

"You go In there €ind talk with him for he will tell you anything, 
onA I went In there one evening at Z o'clock and stayed until 7\ZO 
anl Mr.Glllem told me to find aU I could from him* Of course he 
said he didn't believe Him was guilty but he believe he knew some¬ 
thing. 1 asked Conley,I -said "Z want you to tak an oath and swear to 
me If you know ..anything about It" and he said "Yea I knoew Mr*Frank 
killed that girl" and I said "what else did he do" and he said "I 
-den't. know-but. be- killed her aiidL mada me. take, her downatalts" and . 

Z sals "Is that all" and he said "yes” but he would tell me other 
things about lIr*Frank being with these different women at the ofCioe., 
and I oome out and told Mr*Cillem this, and he said "that is the 
same ti-lng he tells evetybody*"]^. Oillem tried to get me to go In 
there,he Bald"you are not obliged to be with him,I -just want to see 
if he will try to fool with you with his mouth or his privates*"! 

asked him whloh way ha done it and he told me.I saw him stark naked 
one day just like he was bom.yad he looked alright to roe,and I 

Mked ICr* Qlllem who said Qonley was a oook sucker,arid he Baid"Oh, 
that son of a gun oan do it as good aw any man*She first Sunday in 

Secteniber,! was sitting oh the second floor,and a Jew oamotup*. 

frahk was out there and. three x four more Jfws* Mr.Pappenheimet 

wa s t here wi th him too« This J ew asked me was 1 put jn_ elj. the t lae^ 
.and I said yes, and he said I.went to'see you, and I.said aU right- 


■tJ arad he said do you loiow how to get rich right qaiok,or have you as 

V ■ 

w€int,or mo rath cn yoti wil l ^er be_ ablo_tjx dispose of. Do you ever 
go to talk with Jim Conley» aud I eaya I am on my way there now. 

prloa. I want ycm to take this little vial and put a dr^ln his 
food and give It to him and I will guarantee you will have a pot 
of money and will be a free girl before tomorrow nighty and I eald 
he alnt done nothing to me and he said I know .but it la our man 
he'has got and what do you care about a negro hanging, all you want 
la money, and I a.vld I don't want the money and he said if you 
refuse the money you are a damn fool and walked off. I don't know 
his name, but he oomes up there with Bleln boys . He has blaok 
hair and his hair standa up and hla hat pulled down on one side. 
JAMES OOHLBY t aWorn for the State. I am now In tbe-Pulton Oount y 
Jail, where I have been over since the trial of Ifc.Frank-In July - 
of last yearr-I am looeted In the wing on the North eld e of Ihe Jail 
on the first floor. No other person Is kept in there with me. I 
know Annie Maud Garter,who was a negro woman prisoner and who stay 
ed In the Jail for a tm few months, fhe first time I saw her me 
upon one oooaelon when I was carried up to the court house for 

trial. I W 61 S not tried at this time, however. I saw her In the 

Jail a Iramber of. times after/that. I never talked with Annie Maud 
Carter about all of my affairs. I never dlsoussed ray case with 
Annie Maud Garter. At one time she tried to talk to me about the 
oace.and asked mheft I expected they would do with me, and I told her 
I didn't know. It Is not true that I told Annie Maud Garber that 

only God knew who did the murder ; nor did I tell her that I was so 

near guilty that r felt lont_and that I had lost all hope. I did 
not have all donfldenoe In her„nor tell her any secrets. I was 
warned by a negro named Fred Perkersoh^who was alsm a prisoner In 
Jail,that Annie Maude Garter was crooked. She had told me that the 
first man-ehe ever-had «ny.thlnjg-to do with was a Jew andi that she 
could count the negroes she hjsd ever had'anything to do with. S.he 

I ' ' ■ 

did BUggeat to me that she would macrry me rl^t here in the Jail if 
I would ooraaeut# She talked to me uaually through the bars of my 
oeU door, whlon ms ueually Icepf lboked# It is not true that during 
Crhtlatmas week thi^t 1 kUt told her that I would make any atatemeii 
to her If she .^ouId marry me* I did not tell her that I. raurd-erod = ^ 

p I ■ 

Mary Phagw; nor dl^.I tell her that It was so plainly shown,on Mr. 

w* u :■ 


Firank that I let It go 1*at w«Br;nor did I tell her that I amd Mr. 
ffrank both had oonueotlon with the girl;or that I lied when she 
claims that I said that Ur.?rank had oonneotlon with the girl. 

Idld not make‘any statement like that to her, nor did I tell her 
that I done .It all by myself« and never to say anything about It. 
Nor did I tell her that I first ohoinked UIbb Mary Phagan.and after 
she was unoonsolona,! had oonneotlon with her,as that she was 
young and never having had anyonethat I had to tear her privates; 
ar that J wm sitting on tha box when the girl came down; nor thrt 
1 had called her and when she turned back that I then struck her 
with my fist knocking her down and dragging her baok where they 
put rubbers on penollsit Is not true that I told Annie,Maud Carter 
that ‘finding to.?rank absent,I dropped Miss Mary Phagen through 
the hole and that I then took Kiss Mary Phagan around by the fur¬ 
nace and started to put her In the furnaoe but that my consolenoe 
would not let me dl so,; nor did I tell Annie Maud Carter that I ppt 
Miss Uary Phagan down thereto make people believe that Newt lee done 
dU It; nor that afterwards I found a pleoe of blank ptper and tore 
It In two and picked up a pencil and put the paper on the cellar 
■door and wrote the ^otes-that were found by the body of Miss Mary 
Phagan; nor did I tell Annie Maud Carter that I first took the 

notes and put'them In Miss Mary Phagan’s bosom, and that I then 
took them out and layed them by her side; nor that I thai took a 
thing they opened boxes with and pulled the staple out of the baok 
dooo and wont out of the door, going over to Broad St. to get a 
glass of beer; nor is It true that I told .'nnle Maud Carter that I 
went baok to the factory to make pe.ople believe that I was Innocent 
but that the truth most jjcmie to llgh't; nor that I wanted to save Mr. 
Prank by saying that I helped move the body of Miss Mary Phagan, but 


J f* orwa I wenl? tind goir 

i, drunk and fffcarted to leave townand that I knew that that would not j 
do, and that I staged in Atlanta to,show that I was not guilty* 

It le not true’ that I told Annie Maud Garter no t to say anything 
about this,; that I wanted to serve my twelve months and he free, \ 

„ _ r _ - - ■ ' ' . ' ’— ‘ , 

arf that if i oould not get Annie Maud Garter, that I would go 
lorth v^nd nmrry some white woman around Cihoin natis It is not true 

th^ I told Annie Maud Carter that I kept the money "that was in 

MIsb Mary Fhag^n's puroa, aad that'I gWe the purse to a negro 
child;, nor did I Annie Maude Oaiiser to he with me; nor did she 
tell me "no, that was what got you In Jail”. I d id not make these 
etatanents to Annie Maud Carter .either In suhstanoo or in any othei' 
-like language. I further state that if "Annie Maud Garter states 
that same is true, that she is mlssstating faots, I further state 
that such statements are untrue and are not the faots, t hat I did not 
do the things abowe stated, nor did I ten her that I done them. 

I know Dr.Wren,knew him whi le he was a prisoner in the Fulton County 
Jail. I have seen him ahi /ninle ^laud Carter talking together in the 
ow the first floor. Dr.Wren has delivered to me in rny oell wli^ 
upon several oooaslons, notes from Annie Maud Garter, He would some¬ 
times bring than Into my cell wing at nl^t and throw them in on 
my bunk and tell itb that Andie Maud Garter heid sent them to me. At 
one time I saw him throw her a note from the second floor, where he 
was standing, immediately in front of Mr.Frank's oell and Annie 
Maude threw th.e note to me. I have been bo/thered by people ooming 
into my oell wing; sometimes Deputy Roberts would bring people in 
as if. he were showing them the heating system, and lots of tildes 
when ho would oome in aid go out he would leave the oell wing door 
open or unlooked, and others would oome in. Some Jews have been in 
f my oell wing, and Mr,Darley from over at the penoil faotory, has 
been one of those who have oome into my cell wing. Dr .Wren's broth¬ 
ers have T)oth been in my oell wing, and he himself was in my oell 
wing freqMntly wSlle he was in Jail as a prisoner. In this w^ . 

Annie Maud Carter did oome into,my oell wing onoe and stayed a short 
tima. It is not trae that I saw J.V/,Boozer on Deters Bt, on April- 
86,191i, _ 

H EAIIK P3W SB. 3woixt“'fbr -the State, Abbut the iilddle of last Sumner, 
1913,. I was senteneed to serve siz months Jail sentenoe for oarry- 
Ing eonoealed we^ons, I got put about Februaiy of this year. While 
_l-^I^*aB_a_prl»caaer serving a Jail sentenoe during that term, J was a 

trus-ly prison er and olearned up around -the JMLjand di d laundry-wei&T_ 

I know Dr.Wroin,a white prlscxaer who was also serving a Jail sentenoe 
. and who-jwae-aleo a trusty prisoner. Ho roomed in the hospital on the 
'146 "floor ^ had. charge of the rnddloine r oQm_on^th«-ftftH-p-innTrr 


He helped the Ooun'ty Phyaiolaa and had oharge of the slok and the 
. gl7|.ng out of niedlolne while.the County Physlolan was not present* 

Ho had aooBBB to all the ihslde-part of the Jail, including the oell 
wing of Jim Conley. I have seen him in Conley’s oell wing quite 
often and have seen him oarry Conley something to eat from the 
Deputy's talile, where Dr.Wren usually ate* I hiave heard Dr.ffren 
telling Gonley,that ho had been tried, that he(Oonley) oould take 
this murder on himself and that this would free Mr.Prank and that 
they would never try Conley any more, for it, after he had onoe been 
tried. Conley would not agree to do this. Dr.Wren talked to Fred 
Perfcerson and myself severed times and tried to get us to eigree to 
go to Conley's oell end oome out and claim that Conley had oonfesaed 
to us. He said he would get lots of money from the Jews to do this. 

Dr .Wren would talk to us, usually when Mr.Sllliland would go to tl» 
front to get his dinner. Dr.Wren would keep mo in olgars to smoke. 
-Pjce4 Porkswaon was a oolored man, also serving a Jail sentenoe, V/e 
both told him that'we would not say this about Conley? Dr. Wren told 
us that Conley was not kin to us, and all that we ought to want was 
the money and thatwhai we gotjjut that we would need it. v/e told 
Dr.Wren to work this himself and he said he. didn't want to mix in 
it,that we were damn fools that money would be brief whoi we got out, 

but that when he got out everybody would have money. 1 lotew-AnnlrB- 

Maud Carter, who was a negro womanprleonerln the jail and who was 
eased on the trusty or clean upm work every morning by Deputy 
Hobert8,and was looked up by Deputy iillen, when he oame on duty 

a|)Out CjSO P.Li. Annie llaud Career did the oleaning up of 
the hospital and also some laundry work on the fourth floor. She 
did some ironing'on the fifth floor, in the mediolute room. I have 
seen Dr.Wren and Annie Maud Carter talking together vetx -Mt_ 

^em. I saw Annie Maud Carter go to 
Conley's oell wing onoe and Fred Perkerson and myself called to her: 
not to go 4n there as she would be“looked up ^nd she stopped at the 
doofr to the oell wing. Both Prod Perkerson and myself knew that she 
-was cr o oked and -we thought ah a was up to ai)me,jnia-ohlef aad^ wa oaut-^ — 

toned James Conley purselves that~she-was a'bad woman and might try 
, to do hifl-Bome ham. I never eaw'Annie Maud Carter go into the oell 
wlH g_..of„jamee-S»fller7~^T^t aTn^lylitand in ftoont of the door and talk 

to -hlmi I Baw-'Dr.ffren at'one time give Annie Maud Barter a note or 
rather he thretr her one from the second floor and she carried this 
same note that Dr.STren had thrown her and she pitched the note Into 
Oonley through the door to his cell wing, last nlgit after I had 
gone to ted,Ir.Wren came to my home and called to me and got me to 
get out of ted ^d come out on the outside. He asked me what I was 
doing and I told him nothing and he told me that he had a little 
, job for me todOj and thact he wanted me to oome to his house in the 
morning, and he gawe me M cents oar fare to oome on. This morn¬ 
ing Br.Wren was at my house tefore seven o'oloo^i' He had a long 
white p^er, and wanted me to sign it. I oaaot read or write and I 

told him I wanted to wait and see what the psper was, he wanted me 

to slgi. Ho said it was a paper that I had carried notes from Con¬ 
ley to .nnle Maud Carter. He said well you oan't write, and I will 

write It for you. I told him not to do it, that I wouldn't author¬ 

ize any one to sign for me until knew more about it. He gave me 20 

_osats ^0 that I oould go and get him and I a drink of whiskey and 

when I got It he wouldn't drink and_he_told-me-he-di-dn-'-t-bel-teve-he - 
would drink any as he didn't want the boys whore he worked to smell on him, and he told me to drink both drinks for myself. I drank 
than both, and then ha.took bb up with me the question of signing the 
paper,which I refused to sign* As we oame around the house, we met 
another men, with some other men. He' is a bailiff in the Thrower 
Building. Mr.Bass Rosser,the olty detective, said ho was a Mr, 
goodlln. He did not have anything to say to me and I do not know 
that he knew what Dr.Wren wanted with me. He told Mr,RoB8or the de- 
_teotlve, that lhe men with him wore-prisoners he had arrested, While 

I was still talking with Dr,Wren, doteotlve Bass Rosser walked up 
and told mo that Mr,Dor8ey the solloltor general wanted to see mo 
-M._hls-Qfflj0j__aa.d-I-left-and-w e nt with detective Rosa er to Mr .Dor- 

148 - 

Boyfts office, where I am now and make this affidavit. 

ELliEH saiS. Sworn for the State.I am acquainted with Annie Maud 
Carter. She is my oousin. She was at my home a few days'after she 
got out of jail, and talked to me about seeing Jim Conley shs bM 

- JftlrXa -Sh.0—“feo Oonlj^t I. "Guskod Azuilo ~MEtud 
Carter whether or not she had got Conley to talk with her about the 
-rmurder.- She-s-a-ld he- wouldJiat-^alk with ker- about that o^isoyand all 

she oould get him to ssy was that he had told the truth, ^—^When-sha 

• w?< i'. »' 

told me this my stoter was present and also a men, ond they aleo 
heard nhat she eald. to me* I an aog-aalnted vdth Annie Maud Oarter's 
general oharaotar and general reputation; her general repitatlon 
and character for truthfrOnesB la bad; ehe^entlrely unreliable 
and oai not be depended upon. She has been In Jail before this 

-- -r.-Sworn for the State. I am oonneotod with the 

sheriff's force In charge, of the prisoners at the Jail, serving as 
Inside guard from about 8 A*M« until about 5;Z0 P.M. each day. 

I hav charge of the prisoners looked up In the cell wings, the 
working foroe for oleanlng up the Jail,for leundry work and for 
preparing meals for pxlsonetrs being under the direction and control 
of Deputy Roberts,who Is on duty inside, for the seme period of 


time during whloh I serve. - In cleaning up the wings of the #ts 
Jail It-ls neoeasary f er the oleanlng foroe to go Into the cells 
wings to do so, and thla Is done und-eor^be supervision of Deputy 
Roberts. The negro prlscuar James Oonley Is lodged In cell wing 
"First North ",there being no other prisoner lodged permanently 
In this cell wing. The meals are dlatribute! by this prison help 
and the meals are sometimes carried to Conley by the trusty pris¬ 
oners. The oooklng end distribution of meals Is under the super¬ 
vision of Deputy Roberts. The o ell wing In whloh negro women prison¬ 
ers are located. Is on the "Third V/est". I knew Annie Maud Carter 
while she was a prisoner at the Pulton County Jail and her cell was 
located In "Third West". Annl® Maud Carter was used by Deputy 
Roberts as a trusly. she being released by him from cell wing In the 
momlng' about 7;0O or 8 A.M. o'clock, She was used In lauddyy wodfe. 
and did most'of her Ironing on the fifth floor In what was called 
^he - med 1 o dae-room. She was uBually_laoked_up by_J3epaty Allan-when 
he came on duty about Z;3C p.m. I also knew Dr. Seorge Wren. He Is 
a white prison*r whom Ihe prisoners and every one most around the 
. Jail called Dr .Wren* He was a trusty prisoner and was used by Dr. 
Hiirt And th e- jail offlolalB to hand out medicines and do any work for 
-the e to k w hil e D rr Hn'>» t was not in actual attend anoe at the jail* 

1 know his brothers who visited him at the Jail quite often, among 
them was one named Jim Wrene Jim Wren oame to see his brofther, the 

prlsoBea?,Dr^Qeorge Wren Ter^ often#—I-have^eea^lm-S^ei^-ge—Into^- 

• ir 

" Mr.PrBnfc'8. oell wing, to sae him. I have .seen Jim Wren and a Mr. 
O.W.Baike oome In there last and they'went Intogether to see 
Mr .Frank In his oell wing, 1 have seen Mr.purke obU Dr.George 
Wren off to one side and talk with him privately upon one oooaelon. 
I have seen Dr .George Wren visit Mr.Frank's oell very often. I have 
rteve.r .seen Annie Maud Carter in Conley's oell wing and she has re^ 
quested me to allow her tp go Into Conley's oell wing,hut I told 
her that I would not allow her to do so, end If she was ever In 
there, It was without my knowledge and In direct dlsobedlenoe to 
what 1 had told her. Oftentimes it is difficult to keep In touch 
with the entire’Imlldlng, I have to go to the upper floors at-times 
-—and get out prisoners who “have^‘de bonds or to be sent to the gong 
or for other reasons, and it Is Impossible to know what Is going on 
all the time on all floors, I kept Conley's oell^lng'dOor looked 
as often as possible,and the cleaning up force hod toget in there 
from time to time,and the feeding foroe-also,and I oan not say 
positively that Annie Maud Carter was never In the oell wing of 
Conley,but if so,It wap without ny knowledge and against my orders, 

I have seen Dr.George Wren^and Annie Maud Garter talking very fre¬ 
quently and generally up. In the medicine room, I knew Frank Reese 
and Fred Perkerson,who were negro prls onscrs and who'were used us 
trusty prisoners while they were there., or a* least most of the 
time. I am acquainted with the general oharaotor of Ibmle Maud 
Garter; Her general oharaoter and reputation are bad and I would not 
believe her on oath/ 

gOHW L. HAYES. Sworn forjfee state. I reside at the Fulton County 
Jail and am woifclng there In the oapaolly of Engineer at the County 
Jail, My vroik barrios me all over the Jail. I have been In this 
_^^on constantly slnoe April 1,1913. I know James Conley. I knew 
Annie Maud Carter, She was released however eaoh morning ubout sevsn 
o»olnok for the purpose of -her workflrig on the laundry work, prln- 
olpally on the fifth floor In the medlolne room, necrt to the hos¬ 
pital ward on the fifth floor. I knew Gooige ffran, who was known at 
the Jail as Dr.Wron beoauso he helped the oounty Physioian,. He was 
also a trusty .white prisoner, wren slept In the hospital ward and 
his work carried .tfae medlolne room a-great deal--, " i carried 

150»y. to. ou 0.11.,«n... oloiijagod . 1 th ™ at 

t I • r • I # 

tlmos In looking over* inspecting and repairing the different aeot- 
lons of the Jail. We kept our key downstairs In the Engineer's de¬ 
partment ^"looked up. This key wae used only hy Chief Engineer 
Eaves,Mr.Hardman end n\yself. I -nnever saw Annie Maud Carter go Into 
the oell wing of Jim Conley. Annie Maud Carter was under Deputy 
Roberts who released her for work and she ttayed most of the time 
at this medlolne room on t he fifth floor, where she did most of her 
work. She wae looked up alout 5;30 P.M. when the inside guards make 
their ohanges,and Deputy Allen oomes on duty usually. I have seen 
Dr.Wren and A^le Maud Carter very frequently alone In the medlolne 
_ room. I have seen them telklng together at this place. I knew 'Jren's 

wor:- carried him to the medi)lne room and this Annie Maud Carter's 
~ woik also carried her there. I knew that they had plenty of op- 
-^— portunlty to talk to each other as I t Is Imnoss l'ble for the Inside 

_deputJae_to actua lly know wkat.l.e transpiring in each floor of the 

Jail. Their duties carry them to all perts of the 

Jail, generally looking after the cleaning up of the Jail, the 

feeding and care of the prisoners and with-the woik of Wren and 
Annie Maud Carter throwing together. It wae Impossible for me 

or other Jail officials to check them up every minute during the day. 
I know that I never permitted Annie Maud Carter to enter Conley’s 
oell wing and there was no way for her to have gotten the key to 
his oell w -lttg.—^A-nnls’-Maud Carter wae never In Conley’s oell wing 
within -my knowledge. I have seen Ceoige Wren up and around Prank's 
oell wing quite often and I have seen him In Prank's oell wing 
several times'."! have also seen Ceoige Wren's brother, Jim Wren, 
visit him.but whether-or .not Jim Wren went to Mr.Praik's oell I do 
not Imow. ' _ . 

V/ILEY B. ROBERTS, Swom for the State. I am a deputy sheriff, 
serving at the county Jail from about 7 a.m. until about 3;30 p.m. 
each day. I have charge of the work of the oleanihg of the Jail 
and,t|^e feeding of the prleoners and looking after thellislde of the 
—Ja-lrl -generally. Zhhave this work performed by'persons who are 
serving Jail sentences and who are in the nature of tanistles and 
also by persons who are waiting trlsl. and who volunteer to assist 

J^^hto work. In orde r-to have more libert y In the jail, J know._ 

Jaraees Conley,who Is confined In a cell wing imown as the first 

' 1.5.L »nd no. other person beiing lodged therein except Conley.-1 

_ know Annie Mauds Carte r, ^o was a negro woman prisoner and who 

v*. It 

! -- .1 

. was-lodged lii.j!he cell wing known, ae tJie third weet# V/hlle Annie 

_Msud Garter was a.pxlSBner at the Jail or a't least a portion of 

the tlnieiX used Annie Uatid. Garter as a helper In laundry worki 
washing and Ironing-olothes. A portion of the time her workHwas 
upon the fourth floor, where the laundry was looated, and a portion 
of the time upon the f^-fth floor, in what is generally known as the 
mddlolne room,In which she did a large portion of her ironing. I 
never saw Annie Maud Garter In the oell wing of James Conley , nor 
even at the door. We did ou* hest to keep this oell wing door of 
Conley's looked at all times. It was neoessary in the dleanlng of 
the Jail and in the feeding of Conley to allow trusty prisoners, 
under our supervision,to enter Conley's oell wing only long enough 
to discharge their duties, and then to leave this oell wing and the 
dokr was looked. All of these trustee used In Conley's oell wing 
were male trustees. Annie Kaud Carter was never used In Conley's 
oell win g fo^ ah? of this work, and to themfest of my knowledge 
never entered Conley's oell wing,nor did I ever see her about the 
door. I did not ever see any notes pass between Conley and Annie 
M6aid -0a-rtcr-,and-never heard of any until within the last few days. 


We understood that there was ape oifio orders to keep every om away~ 
from Conlsy's oell wing and we did our best to comply with this 
order. I knew George '//ren, who was knovsn as Dr .'Wren, and who was a 
white trusty pi^sonsr. He assisted Dr.’Turt the oounty physlolan.ln 

oaring for the aioEft at the Jail, and for this work he was also used 
as a trua-ly pirlawnsBr. He slept in the hospital on t he fifth 
flftor and got hla medioinas frmm the medlolne room.- I have seen 
him tallk t» Annl* MaudleOaslte:; I know Annie Maud Carter's general 
- oharaoter and reputation while sitae was at the Jail, and that 
general oh araot'er anA aeputatflon was bad, I would .not believe 
bar on oath. I know'off no oooaalon fear Annlw MaudeOarter being - 
iqion the first floor of the Jail,as hear wort oalled for her tob e 

on the fourth or fifth floor oirdSnarlly. If she had any opportunity 
I never louew It, anil I was oanstantly on duty during the hours I 

hove named* 

JQHH SB.lHi«I)8~« Sworo for the State. I have'been working sinoe Uay^ 
3^91^, a't the Hatlo nel Peaoll Comp any. I know G»W< Burk.e> aid ^mmie 

Wren. Burke and Wren have been constantly around the National Pencil 

152 tb* iMt sever al months, wcak-lng on the yfesak oase. 

i-Several_ tlnwj_during_ the~^ _t tw o or tte eaun^onth^s^j,,^,.-» . ^ . 

• . . . Inflle^ren has 


. teen after me to it»ke an affidavit for him that Jim Conley had teen 

down on ma,or had asked me to let him go down on me* I lefueed every 

time teoaxee it was a lie, Jlmme Wren said if I would do this, he 

would dress ra e up and send me to Oinolnnatl or anywhere else I 

wanted to go,and I told him I wouldn't do It,that there wasn't a 
In talking to me,Jlnale Wren used the word "oook suoker." 

of truth In lte/31no6 I have heen at the f actory,! have never 

heard anyone there say anything at out Jim Conley ever having done 
anything, of that kind. A few weels ago, Jlnmle Wren oame to me 
and said;"! am in a hell of a fix,! have got to get something good, 
don't you know a negro woman I oan get who will swear that Jim Con¬ 
ley went^own on her? and I told hlm"^I wouldn't do it.anj 
didn't ta^w of aiy negro woman. ^ 

thCGlg SCUIEE R. Sworn for the State. I am a oousln of Annie Maud 
Carter. I was at Bllen Sima' house when she was slok, and it was 
Just after Annie Maud Charter got out of Jail and we were talking to 
her and she told us that she knew James Conley and that she hsd 
talked dlth James Conley and had tried to get him to toll her about 

the murder of the little white girl,but she told us that Conley 


would not teCLk to her about it, exoejt'he told her that/did not 

kill the girl, that Ur.I'rank had done that and that he would'not 

said he 

discuss the oase with her. That Cionley/had told tte truth . I have 
knownAnnie Maud Carter all her life and I know her general reputat¬ 
ion and oharaoter and the seme are bad, and I would not believe her 
on oath. 

In_JA0gS0 g. Sworn for the State. I am e Methodist preacher. I have 

1 am per- 

known Annie Maud Carter *d her mother, 6, 7 or 8 years 
sonally acquainted with the general oharaoter of Julia Carter, the 
mother Annie Maud Carter, Jtlia Carter is a good woman and has a 
go od reputation. I an alscp well acquainted with the general oharaot- 


er . I oould not under any olroumstaaoes believe her on oath. She 
has been oomtanlly in the oourte for robbery, stealing and other 

■JACOB Swona for the State. 1 have known Annie Maud Carter 

sinoe Bhe waa abou t ilgjjt yeara oliU I-have-lived -olose-.ji^^'her^ for 
several yetra and olose to her kinspeople pretty much eversinoe I 
have loioww her. 1 know Annie Maud Carter's general oharaoter and 
reputation, end they are_bad^-l-wouid-no*-beUave-,-hei-on-oath«- 

0* J« GIUHAK, .Svoxn for th« State* I am an fittornayat lav. I have 
repreaented ^nnle llau4 Carter In the Orimlnal Slvlelon of the 

Superior Qonrt of ?alton Oonnty. 1 have had oooaslon to interview 
menibers of her raoe and people with whom she mingles and assoolates. 

I have heard a great deal of her among the white raoe. I know her 
general oharaoter and repatatlon; t^e same is very 'bad. 1 would not 
believe her on oath. 

J. Y. DOSAliBSOM. Sworn for the State. I know d^le Maud Carter and 
knew her when I weis oonneoted with the City Stookade as Quarry Fore¬ 
man. I know her general oharaoter and reputation; the same is bad 
and I would not believe her on oath/ 

JD IIA CAMBR. Swom tor the State. I am the mother of dnnle Maud Car¬ 
ter .who was recently in Jail in Fulton County. I visited my daughter 
Annie Maud Carter twloe a week while she was in the County Jai l. I u 
usually found her on-the--£i-fth--ox-ttq^-floor-vhare she was ironing 
az in the mediolne room. Sometlmee I saw her sitting around on the 
first floor. While visiting my daughter, Annie Maud Carter,! also 
met a white man,whom t he pris oners oalled Dr .Wren. I irould often see 
h.lm on the top floor. 1 have h_eard him talking to Annie Maud Carter 
about Jim Conley and Dr.'Wren told her she ought to marry Sim Conley, 
that he was going to have plenty of money some dar. I remeniber while 
I was there Dr.Wren brought her notes upon two oooaslons and he told 
her he brought thon^ from Jim Conley. She read the notes to me,but 
there was nothing bad in them, and they were love notea. 1 do not 
toow whether or not-Conley wrote them,except what Dr .Wren said. I 
oan not read myself very well end did not read the notes. I have 
.since the last few days b'een trying to find my daughter and I have 
been to see a number of people whom I tried to find out from. I have 
been to see a Mr.iJeoobs who runsa pawnshop on Deoatur Street and he ~ 

_ told me that ehe wa s in safe h an ds an d would no t be mis treated. I _ 

went to an office .in the Fourth Satlonal Bahk Building, and talked 
with some men in Mr.Haas' pffloe. I understood them to be Mr.Eaas, 

-Mr .Arnold-and Mr .Burns-. I found this plaoo'by the dlreotlon cf 

this to.Jacobs,who is a pawnbroker and Jew on Deoatur“Street-,-He- 

— - --s-howed me-what-&gAoe-tQjiga=^ ^ . ' I t olA ioni them I was the mo^tfear-, 

'1.54 of Annie Maud Ojarter and wanted to see my ohild, and they "told me 
that whenever I got ready to, go, they would get-me a ticket and 

n : r. 

would Beni me wltb eome one to see her. I talked with Annie Maud 
Garter and she newer told me that Conley had ever stated to her 
that he had !fcilj8d.the little girl. She told me that he aaid Mr. 
Prank had killed the girl. Since Annie Maud Carter was turned out 

_of Jail, about a month ego, she has been living at my hoxise. On 

last Thursday, April 23,194 she left home. After she left home I 
met her aooidently uptown. I met her on Deoatur Street. She has 
not been home slnoe. Mr. J. Jaoobs told me that she was taken good- 

_oare of. He said thrt she oame to him and told him about some men 

trying to trip herjxp and that she thought one of these men were' 

Mr .Burns. He said that he had sent her to an office In the Fourth 
National Bank Building. I was told by my next dor neighbors that 
they saw Annie Maud Carter at my house, Friday, April 24, I 
did not see her myshlf. I found that all of her oldtheB was gone, 

I know that she had something pawned at No.120 Deoatur Stre*t,wlth 
said Jacobs, In an effort to locate my daughter I went to Buma* 
Detective Agency In the Healey Building, V7hlle there I talked to 
Herbert Haas. Mr Bums told me yesterday, April 28th, that he would 
send me to her whenever Xwnn4ed te go. Mr. Haas told me today, 
Wednesd^,April 29th,that he didn't know where my daughter was,but 
he would locate her and let mo talk to her. He said he would not 
send me to her.beoause some of the olty deteotlvee. or some of the 
men from Solicitor Dorsey's office would follow me. The attached 
letter ujon which I have ^written my name came through due course of 
mall In the attach^ envelope. It oame to my daughter Ru'th Gorter. 

I recognized the writing on the envelope and the writing In the 
letter. It is the handwriting of my daughter, Annie Maud Carter. 

—- lAy daughter ma-rri.ed Joseph'Cr If fin, and was at one time known, and 
passed under the name of Joseph Griffin._ _ 


(Attached 'fca the above affidavit ks an,envelope addressed 
to'^lias Ruth Carter, In oare of Mrs .Robert Ganpbell, living on 
Reodr Stree t, Atlanta, Ga." The envelope Is .poas'fcmarked New Orleans, 
La., April 27,1913, 18 P.U* The letter Is as follows: "New OrleanS- 
Lottisiana, This is where 1 ain living, 314 LAwer Lina Street, April' 

87, 1914: My dear jCalk farther. I will write you to let you here 
from me and no' where I am. Well I am In New Orleans for a while and 
-I am going leave herefor New York.- L am working with Mr .William 
Burns so you no bjte that what I am doing dent tell no one where I 
am keep that to your self tell amama the same ani when you write 
dtat oell me Annie Mand Carter. Call me Mrs .Joseph Griff In., Give 
all my love this le my offloe No 314 Lower Line Street, New"Orleans 

Leuls^^, Bw mofther a nd jfarth 

B« HQLLOffAYt Sirom for Ibe State* (being portion of testimony 
given on the original trial) "On Monday moming I sa^'Oonley. In» .. 
steal of being upatalrs where he ought tp“be", sweeping, he was 
down in the shipping room, watching the deteotlves.offl oers and 
reporters. 1 caught him washing his shirt. Looked like he tried— 
to hide it from me. I took It up and looked at It oarefully and 
looked like ho didn't weint roe to look at it at all." 

The State further introduced the original bill of lndlatmont,ver- 
dla!t,'Bentenoo, motion for now trial and order granting new trial 
in the ouse of the State vs. Ed WililamB_and Annie Maud Carter. 

The re oords shows an indiotmont for the theft of a gold watoh and 

of Annie Carter 

Twenty dollars in money. A verdl ot of guilty, a sentenoe/of fifteen 
years in the penitentiary end an order granting a new trial on 
Maroh. 7 ,1914. 

The State farther introduced the following telegram 

addressed to Charles A. Isom, o/o Reed House, Chattanooga, Tenn, 
"Take first train from Atlanta. (Signed) C.\7.Burke." 

fbo state further Introduoed the following transcript of the 
evldenoe of R,P*Barrott,given at the original trial: 


Kate mien testified ijy affidavit ae followe} 

X am the wife of Aaron Allen. 1 now live at No. 9 


Piedmont Ave. I am pereonaliy acquainted with. Jake Jacobe, 
a man who rune a pawn ehop at 120 Deactur etreeti Atlanta, 
Georgia. T. pereonaliy 3(how that my husband, Aaron Allen,hae 
been pawning things with Jacobs at 120 l^ecatur etreet, Atlanta 
Georgia, for about two or three years. Sometime about eix 
months or more ago, 1 have forgotten the exact time, Allen 
I_left“Atlanta.~^ was“Sick in Indianapolis, and write me he 
wanted to come home. I loot the letter that ho wrote me. Some¬ 
time about^March 29th, I will not be certain about the date, 
but probably a month or two months ago, 1 took this letter 
and showed it to Jake Jacobs at 120 Decatur street, and t61d 
1 wanted to make some arrangements to get some money to _ 
bring Allen home. Jaoobe told me that he would bring him 
home. 1 didn’t have to pay him any money and I didn't have 
to pawn anything. 1 didn’t ask him how he was going to bring 
him home, or why, but 1 stated to him that if he brought Allen 
home I would see that he got his pay. 1 -did not know anything: 
more about the matter until I saw Allen on last Friday April 
24th at about 12 o’c lock. _ 

Aaron Allen testified by affidavit as fallows: 

1 am making this affidavit for use oji the hearing of ; 
the extraordinary motion for now trial of Deo M. Frank. 1 am 
a negro . ""having been born in Alabama. 1 lived in Atlanta,Ga., 
off and on for the last nineteen years. I have done some 
work as a detective for the police officials of the City of 
-Atlan*a,-and^am-welL-knewn Jto-Chlef- LBnford._Mt._Harry_Siioit, _ 
the Pinkerton man, and Mr. John Blaok, city doteotive, put 
■ me soon after Mary Phagan was murdered into, the oellL with Newt 
Lee, and instructed me to do all 1 could to find out who 


murdered Mary Phagan. They wanted to know what Newt Lee knew, 
and "told me- that if Hewt.Lee wae guilty thay wanted to-know— 
it. They said to be mighty partioular about everything^! did 

or 'beoauoe they wanted nothing "but the truth and didri'^t”^ 

wnt to ewear anybody life 


I left Atlanta of my free will and aceord and went North. 
1 wae in Indianapolie, Indiana, for about oix monthe siclc.l 
wae under the oare «f the city diepeneary there, being unable 
to worlc, and wae being oared for ae a stranger. I have Juet 
thio day been to eee a doctor here in Atlanta. He telle me 
that'I have ooneumption and that 1 . ceinnot live long, and 1 
promieed him 1 Irould go to the Battle Hill Sanitarium. 

A white man, who eald that hie name waa "O'^'eal" came 
to me in Indianapolie the 30th day of ^arch, 191^, and aaid 
among other thinge, 'that he wanted me to_gcr down to Chicago 
and catoh a negro who wao~ 0 l^plh'g"^ th eome—white -woman and . 
getting—all-of her money. He didn't call him a "negro" but 
called him "a colored gentleman". He aleo addreeeed me ae 
"llieter Allen"'. I caught him in two or three mietalcee but I 
knew I had done nothing eo 1 told him 1 would go on to Chi¬ 
cago or anywhere elee in the v/orld he wanted me to go. 1 
wanted to get away from where 1 wae and wanted to come to 
Atlanta and had a ticket to Atlanta at that time. Thle man 
took my ticket away from me eind I went with him to Chicago. 

I remained in Chaoago five daye and wae paid $1^.00 — 

and £ill expeneee. I wae paid by eomebody connected with the 
William J. Burne detective agency in that town. When I firet 

got there thie man eent me out to epend the night with a 
negro detective by the name of Bell. Bell had a wife 
who looked~to me like,a white woman. Though I would not eay 
ehe wae white woman I believe ehe wae white. They told me 
to go to a certain place, but then somebody met me and told 
me that wae the wrong place, and at laet they brought me in¬ 
to the Traneportation Building into the office of William J. 

Bums. I eaw Mr; Burns* picture hanging on the way, and I eaw — - 

big offers of rev/ards. The roome that I went into were on the 
6 th floor of the transportation building, and had the name of | 
the Burne deteotivs agency printed on the door. 1 didn't know 
_ what they^ranted me ■Tor^ahST' them do moot jof t he talkin g . 

into iihe office 1 met William J. Bums him-' 

self. He. put everybody elee out of the room and this: ie about 

wtet o ccurred between us; He a sked me did I, know my^yi fewanted 

to eee me and how X wae feeling. He asked me did I know 
lur. Jacobs of Atlanta. He asked me whether I wae sick enough 
to haTe a doptor, If I wae he would have orie come in right 
. away. 1 said "No• sir, not now". He went away Just then and 
sent in Nr. Jake Jacobs, a man who keeps a pawn shop at 120 
Decatur st., Atlanta, Oa. kr. Jacobs Phook hands with me and 
called me. iNr. Allen". (Mr. Burns called me Viri Allen when 
he me too.) 1 aeked Mr. Jacobs; "Why do you call me Allen, now that you got up here too?" He told me I wae 
in a different country, and 1 v/ae Just as much here as anybody 
else_-1-told him-J'Welli I knew that". He said my wiie wae 
wanting to* see me mighty bad. Mr. Jacobs aeked me: "Why did 
you leave Atlanta?" 1 said: "Why, Ur. Jacobs?" He said; 

—"Your wife—‘told“me that the^dete-otlveB all totd~hWT~tO“keep 

Allen out of the city because they are wanting him here". How- 
oame you to leave Atlanta", he aeked me again. "I left At> 
inhtft ftf my free-Will", I told him Jacobs said: "You know you 
are lying. I am a good mind to knock you over from this ta¬ 
ble". 1 asked him "Why do you speak that way?" He answered, 
"Because you know you are lying. You were paid to go away from 
that place and you gave your wife $35«oo to pay her rent with 
and you pawned your things to me the day you left". He said, 
"Ybu know who gave you that money for you to leave town--- 
those,city detectlves---and you won't tell It because you are 
afraid of them. You don't have to go back.down there. You 
are soared of them. How many tlmee have' 1 seen John..Bl,ack_^aay 
'Gome here, 'you black eon of a bitch' and slap your Jaws". 1 
told him It wasn't -truO that 1 had not been paid anything to 
leave at all. 

trig“TiftlrMr7~Jaoobe7-Mr .“William — 

159 * 

Befwe 71 “ 

J, Burns ome In. He said at first: "Mr. Allen, the only 
thing we want of you Is the' truth.and nothing but the truth. 
You know Tdien you said that you dl^'t know any of the par-, 
ties personally-—Jim Conley or Leo 7rank or Newt Lee—-that 
you Is absolutely lying. "You know irtien you say that you" had “ 
f 320 of. your own honest, clean money, that, you worked and 

shoveled and got hold of in Atlanta— that you are a (^m lie? 


Hio Toloo wao Xoudt "Whyi Mr. Jacobs eayo he hae known you 
from five or eix or ton yoaro and never known you to have over' 
$20,dOi. Now, Mr, Allen I am eorry I eald what I did but if 
you will you can etato the truth and nothing but the truth, 
and that ie what wo w^t out of you”. He didn't'oay the de- 
tectivee gave mo tho money, then, but ho eaid; "You know^eome- 
body gave you that money to leave town with and you are a 
liar every time you oay they didn't do it". 

When Mr. Jacobe left Jar. Burns had a talk with me pri¬ 
vately. Ho aekod mo idiat did I know^of the Mary Phagan case.I 
repliod; "Mr. Burno, do you want me to tell you the truth or 
to tell you a otory"? He said; "lir. Allen we don't aek any¬ 
body to tell UB lioB, but the plain truth". He said: "Now, 

Mr. Allen gO-ahead, ^uet—et^ato—to^me— what^you^ndw^^out it", 

I replied again; "Mr. Burno, truth is the light, ain't it?" 

He eaid "Yoo". I eaid: "I knows nothing aj» all about tho lady 
getting killed, no more than I Juet heard", I says,. "Inwas- 



one time aeked by Mr. Black, a city detective in Atlanta, Ga., 
and also Mr, Harry Scott, a Pinkerton man. I wae charged to 
go down and get in the cell with Newt Lee and find out what 
Newt Xee had to eay fully and in detail. I told him Newt eaid 
he wao innocent. Then I went into detail and told him what 
l^appehed about as Allows ; 

"When ? get in the coll with ^^ewt Leo in the city of Atlanta, 
I wao in there, about 20 minutes, and I spoke to Sewt Lee 
firot. I aalced him what wao hl« trouble. He replied to me 
that he had no trouble whatever. I eayo "Why.are you in here?*. 
He aahed me had I knowed about the white lady had“got killed 
at the, pencil Xagtory>-1 told—l>im—no, that I~wae a etranger 
in town. In order to get in with ^ewt Lee i told him a Salee* 
hood about killing a white man. Lee told me that he hadn't 
done nothing and that he was innocent. Lee told me that he 
Tknowe4“ nothing in the world ooncerning^ what he wae put in 
teere_fp^I_tol4J3lm^^^ ^ttld“tell^thee truth,I 

wouldn't, lay here in Jail, I would tell Juet what I knowed 

about it. I 6ald^"II you thought or knowed that white mam 

killed thle girl with you working there', and had yoju to help 
him do away with her, I would go up and tell the deteotivee 
80 they would turu you out”^ He eaid, "Lord have mercy, hueh, 
you are trying-^o get me in trouble, becauee Idon*^t know noth¬ 
ing in the world about it, no more than I found the lady, and 
I hope and truet the will ehow everybody on earth who 

killed her. The Lord knowo and deteotivee will know some day • 
Juet who killed the lady, becauee I am a Innooent man", I 
^aekexLJiee who he thought killed thle lady, aeked why they had 
to arreet tax him, becauee he found her. He anewered and 
-told me he had no thoughte, and he didn't know, but he knowed 
one things that iny boee, who wae over me, he acted very 
etrange. He told me to come back at hQlf paet three or four 
o'clock— I have forgotten what it wae, half paet three or 

four- I did eot ae he aeked me to, and 1 come back, he told 


me I wae Juet a few minutee early, or late (I forget which he 
eaid)-bu^ that was all right, and I did not begin work I could 
go on out in town and come baok. Well, friend, I will eay to 
you it looke mighty etrange that Mr, Prank oallod me up about 
7 or 8 o(clock, and aeked me how wa.e everything. He had never 
called me and aeked me befol^b, I thought that looked mighty 
euepicloue and etrange, but ae to what I know, brother-friend 

I don't know nothing^ I don't know nothing. If they hang me, 

_ \ 

or kill me, or turn me alooee, or do whatever they want ^o 
with me, it w^l be all right, becauee Lord knows, the deteo- 
tlvea will kpow, everybody on earth will know that I know 
nothing ooncernlng that lady getting killed", HewtLee wae 
taken out of the cell ^rom me, and whan he come back I aeked 
him where had he been. He told me they had taken him and 
put—Ih-the bell with Br, Prank, I eay, "Well, partner, you 
better make it up in yoiirmind to tell the truth and nothing 
buth the truth, becauee these white folks kill and lynch a 
whether he is guilty or not. If 1 knowed who killed 
her I would sure eay so, I am going to tell the truth in my 
case". He told me he_ didn't know. He said, "I'll tell you 
what did happen, Mr, Frank told me If I kept talking so much 

unt il.itB going to get ue both in trouble". i wae then 
taken out of the cell with Newt Lee and had a talk with iir. 
Blaok and chief Lanford and Ur. Scott, and told them all I 
lcn(Owed that Newt lee'eaid. They told me to go ahead "We 
will eee you again, Allen; if we need you, we will let you 
knpw". I wae then never aoked any further queetiono ajiy 
more in that caee by none of the detectiveo or any of the of- 
fioere until 1 wae queetitned by detective Wla. J^-Burne, Ur. 
O'Neal,, Mr. Ja|#i Jacobo and Charley loom, in the city of 
Chicago, Ill., April-gnd. 

When I got through thio e tatement■ Mr. Burno asked me 
rtiat wae my opinion about the caee altogether, I told him I 

-had_ no f i xed ogi n ton-^ibeut the-caee, that I knowed nothing 

ooBceming the caee, that-4-.wAon't ^plicated and never work¬ 
ed in the caee but one night and half of a day. .He aoked me 
how much money wae I promioed to go down in the cell. i told 
him not any moneyuwao promieed to me, that-Mr, Blaok told me 
that he would eoe -that I got paid for my work, but he had not 
paid me a penny up to that time. 

After 1 had seen Burno the firot time, and before 1 eaw 
him the laet time a negro boy who wae called in the office of 
Ur. Burne, Mr, Bell, and who wae one of Burno' men, told me 
that he wojildn't. toll any etory for Mr. Charley loom or Mr. 
Ja^ or anyboity on earth, if he wae in my place. Bell told 
mo^after J-had-had--a talk with Charley loom, 1 knew Char^ji 
loom in Atlanta. After Burno talked to me the laet time then 
Charley lean came. l had been up to Burno'o office going on 
the-third day ^jefoTO-lwom-carae, After I oaw Burno the oecond 
^ime-they turned me over to ioom. The following lo what .ooi^^. ^ 
curred between myself and loom after 1 Jiad been there about 
three dayo and had already oeen Burho Twice: 

, , Mr, loom mot me wd ohaken hando with me and eaid he 
wao glad to ooe me wt called me "Mr. Allen", I aoked him 
^id_ha -oalL me- "Mr. AHenr**-,—and-hw-oaid -"Bverybody puto~tM 

162 Bioter in this part of, eo they oay". He 

told me that he, come, after me and 1 would have to go with 


h^. After he had teaeed me alongj he to)*d me he wae Just 
.. tea.elng and-Joking with mej and he wae going to tell me the 
faoto and the ti*uth, and he was working for Mr, Burns, and 
ashed me why did I leave Atlanta, I told him I left there of 
my own free will* He oayo, "They all say around there that 
you was paid to leave Atlanta, two or three hundred dollars, 
is that the fact"? I told him, "Ho, sir". He said, "Ho need 

of lying to me. ke have been friends; I have done you 

plenty of favors, and you have done me some, how come you 
can’t tell me the truth"? He says, "I don’t want you to tell 
nothing hut the .truth. You hnow you was in the cell v/ith 
Conley, We want you to tell the truth about being in the cell 

with Conley". I told him, no, I wae not, I didn’t know Con¬ 

ley, never had seen Conley. "Well", he says, "to moke the 
story long and short, I’ll tell you, Allen, let’s get down 
to business. You know Jim Conley, and he has already got a 
year conviction, and that Jew is already convicted to break 
his neck, and between you and me I’ll tell you what they 
heard down there, whether it’s true or not, that you did 
find out from Conley in the cell, that he did tell you he 
IclU^d-^hat—gtrl, and your etatement was going to be against 
Conley, and they gave you three or four hundred dollars, and 

run —y^u—out of town. Is tha^""true or not?"-1 told him, 

"Ho sir, ", He says, "Have you ever told the truth"? I 
told him yes. "Did you ever tell a lie"? 1 heinmed and hawed 
and finally I told him. I had told funny tales, but when it 
come to swearing a man’s life away I wouldn’t like to tell a 

lie and ho other science business". He told me, "Well, you 


have tolda lie, and it didn’t hurt yo u. I want you^o. tell 
this lie, but I am trying to show where, if you told all- 
kind of lies in this case. It wouldn’t hurt you but would get 
you money". He says, "It is a feather in your hat, would be 
a feather in my hat; probably you .will Jhuvs a Job as long as 

.,y:ou^J.ive-4rl-tH-^ese-people^:^t-^s -r^ of~#120 or “^125 g- ~ 

mojfith, and maybe I will, too. If I was you, 1 would go on ^ 
.-.and- tell, because tki s mim Franlc alnt never going to waUc on 


? - . •' 

the ground no more nohow, " eayo, "it ie only Juot to cave 
neok, that is all. Don't you know I know that that man 
never will come clear". He eaye, "why don't you duet go ahead 
and make them feathere for me and for youreelf andgo ahead ad 
Hxd go hack up the country if nedeeeary. Make an affidavit 
and get hold of them feathere, and if you think it ie.wrong, 

"go down there and change it. Conley made 5 or 6 changee, why 
can't you change them". 1 told him 1 would Juet he telling a 
lie, hecauee I had never eeen Conley in my life. "If I waw to 
tell anything concerning Conley, I would he telling a etory, 
hecauee 1 have never eeen him. " He Baye-,_?l-e_you going to 
do it?" Saye, "Give me your hande". 1 eaye, "I will give you 
my hand. 1 am going to tell the truth". 

~ So he left me, and Mr, Burne told me "Mr. loom eaye 

that you are ready to toll the truth, and 1 am ready to talk 
with you". He called hie otenographer and otarted off. When 
“ they got through dictating the matter he aekod me, "What wae 
you ocared to talk about, why wae you ocared to talk?I 
thought you. wae going to tell me oomething, and here you 
come telling the oame old etory that wae printed in the papee 
and we knowed all that before hand. Now, don't you know that 

:_ _yQu- are- ocared of them city, deteetivoo. 1 know that every 

colored man in the South hao got to he humble and etay in hie 
place." Burne eaye to me, ehaking hie finger in my face,"You 
know oomething". Thio wae after I had told him twice al¬ 
ready and told loom and told all'of them up two or three dif- 
" ferent timee during all “the five dayo that I etayed there, 

- that I didn't one thing in the world except what I know. He' 

--eii d ^^owe^we^tha.^^'sndr wouldnr'j^ tei-t-him-., = 

When I got ready to leave, Mr, Burne told me, ehaking 
. hande with me, that the only thing he regretted wae, he had 

handled two hundred thoueand colored men, -olnoe he had been 
in the detective huoibeef "and had never oaw one what wouldnt 
tell the trutlMJUt^-you"-, I ohaken hie hand, and told him, 

- J t64 -Mr. Burne, if I never oee you no more, I hope' 

" ‘ -that the Lord will ehow to you that I have told you the tmth 

. . It 


q • , 

80 far ao I know» bo help me God”* He eayo, "That is all 
right, I believe you are honeet and etralght, but yjoU haye 
made an affidavit down in that part of the counti^, and you 
are Beared to tell what you know. I would take care of you, 
but as it io- by- hope to eee you again". 

One day I wae in one of the offieea in Hr. Burne* 
place in the '^raneportation building,, and there were eeveral 
-ef-Burne-^men-tn-^here-.'-Theji^aii. TK^nt out and left hie in 

there, and then they called me out into another rooia, and kept 
me for about 20 minutfe, and then took me baok in the big 
iroom. V/hen I left that big room, there waa no money in there 
that 1 caw. When 1 got baok in that big room, there v/as no¬ 
body in there at all but myself, and I saw on-the-^able “aorne 
. money, both greenbacks and silver. It was lying up on the ta¬ 
ble T/here I couldn't help but see it, and I was left alone in 
this room v/ith this money about 20 minutes, and then a negro 
detective v/ho called himself "Hr. Be 11'“’came in. I did not touch 
the money and did not count it. I sat ofJ^jond looked at that 
' money and looked-wound and tried to see Iww much there v/ae 
' there, but I would not go near the table, because I thought 
somebody was looking at me. The paper money was stuok'all 
around, and^the aliver jiioney_wa.s poured up .on _t.ojp_ It 
was not‘piled up, but Just scattered like you had poured it 
out of a sa-ck, 

. I eat 4own tn the presence of .William J. Eurno and c'iotat«4— 

myeelf, an affidavit, to hie Btenographejy- and afterwards she 
brought it baok-^o-me-and-I read it over three times and 
signed it. I signed two pages, but-there were four pages of 
dictation,. I didn't put anythiJrg-~ia""tKat. paper except the” 

absolute truth, and if he hae got any paper that he claicie I 
eigned, stating anything except Just like I have stated it in . 
this paper, it ijs abeblutely untrue and they have changed it. 
If he put anything in that paper about me knowing anything 

about Conley it is false,'! didn't say it. After I signed 
the paper Burns said to some of his men, I don't know who it 

169?-- there were so many around there, "you ted better Just 

c . 

‘ fd- ' ' 

•pay Allen whatever he thln]!b he wante, or whatever Llr, O'l^eal 
hae pronileed hlnit and'let him go on homOi or wherev er he 
wante to go, because he won't tell the truth nohow. He knowe 
something that would do ue some, good, b^t he is ecared to 
tell if^. Then I left hie office with Mr, Bell.jnd he took 
me to the depot and he lold me 'on the way that he thought I 
wao the wieeet colored man he ever saw or met, in not telling 
no liee. He told me in the'^preeence of Mr. Burns that if he 
was me he wo uldn' t tell no lies. Wdll, he buys me a ticket 
from Chicago to Indianapolis, Ind,, and told me he wished 1 
would get v/ell and do well, and to alv/aye stick and tell-the— 


truth, that it would always be better for a colored man in 
the long run. He said he certainly was afraid that Mr, Isom 
and Mr, Jacobs was going to make me tell the wrong tale, and 
he said he wao certainly glad that I didn't do it, end believed 
I' had done my part, end I shook hands with him and told him 
good bye and got on the train, and I haven't heard any more 
from him. ^ 

I remained in Indianapolis two weeks or_more, then I 
went to Cincinnati, and from Cincinnati I went baok to Indian¬ 
apolis, and then I come.from Indianapolis to Atlanta. 

-Af^ter -I -got iio-Atlanta, Gav, the first man I saw who 

asked me anything about this case wao Mr. Jacobs, before I 
reached home,. He - told me to come in, that he wanted to see 
me. He asked me if I wanted to-stay here, or go where my ' 

brother wao or go where my mother was, and didn't 1 think it 
was too-.low- for—me'--to ot^—at^ my--wlfe's liouse in my conditioi)''' 
and that ! had better go somev/here to a higher climate, and 

I told him I didn't know, and he said, "well, ^* *won't do for 
you to stay down there,' It is too low", and he said "wait 

Just a minute", and he—callsd-somebody over the 'phone. My 


house is within a block of the station house. Mr. Jacobs know 
where my-wlf^ "llvee, and~'B^khew~w6 er^rwas going when .'Xf " 

done this talking. I told Mr. Jacobs that 1 thought 1 would 


here until I got better, or maybe always, that I Just 
went off for ejiperienoe, and now felt like 1 Imd seen as 

w , 

‘ 77 

muoh ae I■ Wanted. aTJOUt that food country they claimed,and he 
oaid "it wae not eo good to you, wae it, you v/ent up there 
and got tuherouloeie", and I said "nO", and he eaid "hut the 
people here .take better care of you and I would advise you 
not to etay ftorei I think there is acme -trouble out about you 
but if you'do get into any trouble come and see me, I went 
on home, and the next day I was coming up the street and I 
paaeed hie ehop, and the young man that worked there told me 
that Hr. Jaoobe wanted to eee me right away quick, and I told 

— t 

him all right, and Mr. Jaoobe wasn't there, and he called up 
somebody in the Temple Court Building, and he said Mr. Jacobs 

told me to meet him at the stepe, and I did so and he carried 
me to the Fourth National Bank Building.on the 11th floor.jiud 
and he kept me there about an hour in a private room, and he 
v/ent away some place, I don't know where, and he told me Mr. 
Bums would be there in a minute, and wanted to see me, and to 
just tell Mr..Burns where I wanted to go and he would send me 
wherever I wanted to go. I waited and waited and waited and he 
didn't come back, and nobody called for me, and I wae sick 
and needed air, and ^ goes out and catches the elevator, and 
a gentleman met me -and says "are you the boy that wae in the 
bffice'^-and l- sald 1y.eB.", and he said "Mr. Jacobs. said, to 
come to his place right away", and I went down there and he ^ 
eaid, "Mr. Burns eaid that wae all right, to stay here, he 
_don't think he will need your a.ffidavi t . - f o r it isn't any good 

anyway"• ^ 

wliloh wao Kontey April_27f 191^i I etand^ 

ing on the corner of Piedmont avenue and Decatur ete., and 

Chief Lanford paeeed "by me and he and I epoke about the eame 
time, I told him howdy-and h^> told me howdy, and he told me 
ae 60 on ae I had time to come down to l^ie office that he 
wanted to eee me*-I goee down to hfe office in the afternoon, 
about"three o*olook, and he and I had a private talk in hie- 


Office» and. he asked me if I was eveirin (jiiioago and I told 
. him yee sir, and he*nJtf4 »e■, had .1 e 7 er-.'madetnnuaffidavlt^ttti‘Q''' , 
ftoid^-'Mii .viiTiSll ^•l'''h8iird 



that, hut I didn't know how true it was, 1 know I never rnieo- 
ed you until* a day or two hack, come of them were eaying soma- 
thing about you and ^ thought you were in town", and I said 
"Yee, I went off on/an experience and had bad luck, got tuber- 
culoeie in that oatJintry, and he said, "Allen, go ahead and 
come back here about eix o'clock L^r, Black wants to see you", 
and ^ goeo to the hoepital for an exemination and when I got 
back the chief told me I was too late, and 1 told him I had 
to go to the hoepital and wae examined, and then he told Mr. 
Starnes and Mr. Campbell to t^e me in a private room and he 
will tell you all about what happened in Chicago. They did 
so and 1 told them all that I knew or could think of that 
wae true. .After I etated to them e^v^ryiirtng I knew, Mr. 
Starnew-“told me that the only thing he wanted was nothing but 

the truth and aleo Mr. Campbell oaid the oame, and that it 
was hardly neceoeary to go over thingo that were not true, 
the only thing he wanted was the truth and nothing but the 

truth. Mr, Starnes told me if I could so arrange to meet him 
at the station house the next morning at 8 o'clock or 
past 8, and 1 told'him I thought 1 could if I^wasn't sick,and 
if I was able I would be there sure, and he said all right,if 
you are sick and can't come I Y/ill come to your house. But I 
come down there and met'lir. Starnes and Mr, Campbell and Mr 
Black and^r, Starnes t^ld me to come in there and we could 

fix it up right away, get Mr. Febuary to take it down, and 

Mr, Black told Mr, Starnes he thought it would be wise to 

take me to Mr, Dorsey's^ off ice, and Mr, Starnes asked me if ^ 

would go to Mr,'horsey*8 office, and I told him I would* I 
went over to the Solicitor ^eneral's office and this affidavit 
was taken down nearly all of it'Toihg' cliatateU bjr myself-. I 
have read the same over carefully and have signed my name on 
each and every page hereof, and the_eame is true in eve^ 
respect, __ 

C, -A. iBom testified lay affidavit ae follows: ' 

I am personally acquainted with Jimmie Wren, who is in 
the employ of C. W. ^rke, and }ie is the brother of George 
Wren, who has recently finished a jail sentence of 12 months 
for simple larceny (stealing $50,000.oo worth of diamonds fi-am 
an express wagon) and 1 am also perstfnally acquaibted with 
George Wren. I have seen Jimmie and George Wren with C, W. 
Burke on several occasions, in front of the Grant Bldg., in 
. whioh liir•_ X.—2* Boeser’W office is located, who is an attor» 
ney for Leo /'J, Prank, I saw Mr, Bufke come out of the build¬ 
ing and talk with Jiimitie—a nd - Ge org e V/ren, and I have seen 
them together at other times, one time in front of the Fourth 
National Bank Building, in ^rtii-eh—A-trtoi’nojr^Haae"*—o^X'i'ce—is lo¬ 
cated. 1 know that Jimmie-Ifren ie working for C. W. Burke, 
but 1 don’t know whether George Wren ie working for him or ndt, 
but I see the two boys together a good deal. 

Nellie Wood testified by affidavit ae follows: 

1 live at No. 8 Bssie Avenue. I have been a trained 
nurse, and have just finished a course at a millinery school 
94-1/2 Whitehall.St. At this particul ar tim e 1 am not doing 

I have read over from Vol, 7i beginning at p . 3.418,what 
transpired in the court room when 1 was tendered as a v/itnees 
by the StateThe whole -transaotion is ae follows; 
-Misa-NELLIBI-WOP.,—Called in behalf of the State, .-^_ 



Mr. Dorsey; I want to show by thie witness the geii^eral 
character; second, 1 want to prove a specific incident 
that-occurrcnd~bvtween her and Prank, in his office,that 
he made her an indecent proposal, and she was working 
in the pencil factory at “the time,’ and 1 suhmtt it_to 
material, because they have proven and undertaken to set 
up that no such proposal was ever made. This is in re¬ 
buttal of Me statement. V - 

Mr, Rosser; Your Honor let in certain statements over 

ou* oJJ«oti«ntv--S«nl«y epeke about eome Rlrls on the 
fourth floor, and «e had a right to go into it and eee 
what girle on the fourth floor; hut are we going to try 
four or five different fornication caeee now? Let's eet— 
tie it right now, Your Honor. 

Mr. Doreey: They have aeked certain witneeeee if they 
had been to PranJc'e office on Saturday afternoon and 
Iranis and did anything inmoral. Now, if they can put that 
in, w^ can't we go on with this witness and ehow that 
Buoh things did ooour with thie witneee? 

pe Court: That came in without any objection, and came 
in abeolutely in rebuttal of eomething that you had got- 
ien in there, that they sought to rule out," a piece of 
evidence Conley testified to,- -,nd if it had been object- 
ed to at the beginning, I think I would have been com- 
polled to have ruled It out, but _thou6ht, Inaomuch ae 
they nad croos examined Conley on It for a day or so. it 
was right to let it in, , 


Mr. Doreey: Ien*t it right for me to tzice this question 
and substituting the word "Mrs. Small", and say,"Miss 
Wood, you are a lady that wprked on the fourth floor of 
the National Pencil Company two days, I *m going to ask 
you a question that they, the defendant's counsel have 
asked every lady that worked on that floor, oo they say, 
Have you ever been down -in Mr. Prank's office after 

doing anything immoral, at any time in 
that factory•, and then can * t I add, "or did Prank pro¬ 
pose anything?" 

The Court: To my mind,it isn't debatnble at all. - 

Ur. Dorsey: Then we are absolutely shut out. 

The Court: Well, 1 don't care, then the law ehute you 
out, if that'e the cate. According to thet, you could put 
up everybody here and prove,^ything else he has. ever 
done in hie lifetime. 

Ir. Dorsey: Now, they wanted it all covered at the same 
time. How, hsvn't I got a right to show by a v/itneee 
that worked at the National Pencil Company, the situa- 
tion that ehe saw Prank in with a woman there? 

The Court: I don't know, it's a good deal owing to what 
1 t shows• 

Mr. Rosser: He means- showing an Immoral act on hie part. 

^ ^ simply illustrating—havg v/e got a 
right to show or not what this man did to girls when he 
went_. thrDUgh...thB---f6j3tory-flapping -them and all that? 

The Court; I., don't know about that, if it's relevant to 
this case, you could do it. 

Mr. A^old: Relevant to this case, what , some other wo¬ 
man di d? 

The Court: When you put up these witnesses and prove bad. 
character, then they can go into that and ask what makes 
up that bad charapter,- what have you heard, and so on. 
Now, he never said anything about any immorality except 
to dispute what Jum Conley had testified to, he didn't 
-p ^ a wPT.d,- aB .1, re m e m ber i t, about the general proposi¬ 
tion, he simply deniid what Jim Conley had said about 
thoeo things. I'll let you ehow by thie woman or any oth¬ 
er person, bad character on the part of thie man,-but no 
specifio acts or any epepifio“^imos. That's the law, 

-^ ' - 

A—— - V- —— ■ 



liISS lOSLIiIE VOODf Vltneee for proeecutlon in reliuttal, was 
thon eworn. 


v^uootlone by Mr* Eoreey: 

Q. What !• your nanioT A. Nelli* Wood. 

Mies Wood* wh*r* do you live? A. Live in Ormowood Park. - 
Q. Are you acquainted with the general cliaracter of Leo M, 
Frank? A. No eir* not knoving him hut two daye. 1 didn't 
know iiiia hut- two daye* 

Q. That'e what people eay about him* general character,what 
people say about him* that is prior to April 26th* 1V13* 

Were you acquainted with tge general character of Leo M. 
Frank? A* X «m not poeitlv* about it* 

(^* Just answer the question* yes or no*whether much or little 

(Mr. ArnoldNow., if the Court pleaee, ohe oaye ehe didn't 
know It. 

Mr. DorseyShe hasn't answered the question yet.) 

tie Are you aouqainted with the general character of Leo lA. 
Frank? A. No sir, I only knew him two daye. No sir, I 
do not know it. 

(i. Mies Wood, you had a oonv_cirsaliQn.?_^-w.^_ 

(Mr. Arnold! Now I object to that. Your Honor. 

Mr. Dorsey:- I have been misled by the witness. 

I told the Solicitor-General before he put me on the 
stand that I was in, the office of Leo M. Frcmk on one occa¬ 
sion when the said Frank made an indecent proposal to me. luy 
experience as a trained nurse enabled me to fully unders'^tand 
and know what the said Frank intended. Hie language to me on 
that occasion was about as follows; 

He said, "You know I am not liksother people", and draw- 


ed hie chair closer up; sa^ys, "I don't think yjou v;ill 
understand me", and put hie hands on me, and I resisted and 
got up and opened the door. He e-aid, well he wasn't going to 

hurt me anyway, oaye, "You don't understand what I mean",and 
then he tried to pacify me, and convince me tjat he didn(t 
mean it the way I had taken it. 

_Soon after I appeared as a witness on the trial of the 

case of the State vs. Leo M. Frank, some man, whose name 1 do 
not now. know, ceme to see me. After wards C. W. Bu rke came to 
.see me. The first man who came to see me came in an automo^ 
bil#7 which I recognized to be the same automobile t}^at C. W. . 
^ike---vieltejdLjiie. C* W.. Lurke. jdid rcbt hixuMlf oven offer- 

me any money to sweat for Leo M. Frank, but the first man who 
"approached me, the man who came in the automobile in w hioh C♦ 


W, Burke came I aeike me a propoeltlon to pay me money If 1 
would swear to certain things in favor of I'so M. Prank. C. W. 
Burke afterwards 0 ante to see me and told me that the court 
had ruled out my eTidende,.and insisted that I should give him 
an affidavit. 1 gave him an affidavit, which stated that I 
personally know nothing about Leo M. Prank prior to the mur¬ 
der, except as to what oocourred between mo and him in his 
private office. This occurrence, which I have heretofore re¬ 
ferred to in this affidavit, occurred at a time when nobody 
was present in his office except Leo U. Prank and myself. 

I have no interest at all In the case of the State vs. 
Leo Ia. Prank, and It has embarrassed me to relate what I have 
in this affidavit with reference to Leo M. Prank's deportment 
to me when I was in his private office. That part of this af¬ 
fidavit was dictated by mo personally to a lady stenographer. 

W. J. Laney testified by affidavit as follows: 

1, W. J. laney, do solemnly swear that I have carefully 
examined the brief of evidence, in the case of Loo M. Prank, 
plaintiff in error, vs. the State, defendant in error, now of 
file in the office of the Clerk of the Supreme Court of Geor-- 

gia, and I find that said brief shows that on the trial of 
said case in the Supreme Court, the State introduced the 
following witnessee, to-wot: 


Barrett,R.P, _ 

Black,John R. 
Coleman,lire. J.W. 



Mangum, (^.W. 
Scott, Harry, 

liOlloway,X.P. 8tanford,llsll. 

Hurt,Lr. J.W. Starnes,J.N. 

Jsfferson.llrs.Geo.W. stover,Mies Monteen 
La8eitsr,R.M. Waggoner,R.L. 

Lee,, newt, White,Mrs.J.A. 

Ferguson,Miee Retan MoKnight.Albert, 
said Brief of Zvijtonoe shows, that after introducing "the 

above named witnesses, the State rested. 

Said ■‘^rlef of Evidence shows that the State introduced 
^in said" tilaiT^thelrollowing witnesses in rebuttal, to-wfc t; 

Ballard,N«J« Graham,B»K« IlcGlrmiB,.C .B* 

Born,J,T.f Griffin,Klea Maggie MisKnlght,Albert, 

Boyoe,Leon, ' Gordon,Geo. Mc£wlng,J«C. 

BenedlctiBr.S.C. Hale,¥.C. MoOoy,U.B« 

Caldwell ,11 «G«, Heifner,P.P. lTllee,I)r.Q .M. 

Caret,11100 Uarle,^ Hunt,A.¥. Owene,W.B« 

CareoUiMlee Ae'beowa,Hendrick6,J.H* Patrick,W.C. 

Cato,Miee Myrtle, Hewell,lllse Dewey, Pettle,MlB8 ^'^ellle 

Craven, R.L«, Hof fman, Henry, Pickett,B.H. 

Cook,W« 11 • Hollle,W.T. Heed,J «D« 

Carr, Henry, Hearn,J.T. RobirtBon.MSeB Ruth, 

Coleman, J.W., Houston,A.B. Rogers,W.W. 

Davie,Mlse Mary, Ingram,Rloe,J.S. 

Bobhe,Sergeant L.S.Johnson,Dr.Clarenoe Scott, harry 
Dobbs,W.C., - Johnson, Ltre.H.R. Smith, Len. 

Don 0 gan,MrB.D. Johnson,R.V. Smith,Mies Carrie 

Duffy,J.H. Jones,Ivy Starnes,J. N. 

Epps, Vera, lLendley,Geo. Tlllander,C. 

£lder,W.J. Hendrick,L.T. Turner, W.E. 

Floyd,J.E. Kelley,H# Wallace,Mrs .Mary E 

Funk,Dr .John Kitchens iMlse Mmle Winkle iMlss Estelle 

Gant, J.M• Matthews,W.M• Wrlght, W.M • 

Godded, R.U. Maynard,G. J. 

Goddard,A.L. Merk,W.P. — 

0 f said list of witnesses introduced in rebuttal by the 
State the following were "character witnesses**, who testi¬ 
fied to the bad character of the defendant, Leo M. Frank,tor&vl 

riisB Myrtle Cato, Maggie ^riffin, Mrs*. C. D. Donegan, 

Mrs.H.R. Johnson, Mies Marie Caret., Miss Hellle Pettis, 
Mary Davis, Mrs. Mary B.Wallace Estelle V/lnkle, 

Carrie Smith. 

Deponent does not conatrue certain witnessee wha^teatifled 
to specific acts of the defenant, refD-gcting on his character 

as "character witnessed**• ____ 

, 1 have also carefully examined a document handed me by 

Mr. liAgh M. Dorsey purporting to be a copy of the Extraordi¬ 
nary Motion for How Trial filed by the defendant Leo M. 

I ■ Frank, In said motion it is alleged that the following wit- ^ 

nesees, introduced at said trial have repudiawted their tee- 
I _ timony, or certain rnaterial parts thereof, to-wit; 

I ■“ Albert McKnight, ““Miss Dewey Hewell, Miss Ruth Roberto 

Miss Mamie Kitchens, C. B. Dalton, J. E. Duffey. 

Miss Marie Karst(Car6t) I vy Jones, ___ . _ 

I Of said list of witnesses, who are alleged to have' 

p repudiated' their testimony delivered on oaid. trial, -only one 

to-wit: .■ ;_ 

Mlw 0 Marie^Karst ^Care t) _______ 

was a ** charaote r w:l tne ss *•. 





1 > k 






Total introduced Tsy State——99— —wTotal alleged to have 

X'OpUdl Cl 3 *»«•»«•■»« 

Character wltoeae inters Character wltneaeee allege 

duoed hjr the 8tate—w—«—lo— leged to have repudiated 

teBtimony>»«>«».. 1 

Deponent further eaye that he ie an attorney at law, 
and haA,heen practicing at the Atlanta har about eeven years. 

The State further introdtoed -ttre-fullwIng transcript of 

the testimony of Hlr.s Grace Hicks as given at the original trial: 

"Q.How did you know that that was Mary Phagan? A,I just knowed he’’ 
by her hair being so long. 

Q.Knew her by her hair? A. Yes sir. 

On orosa exandnatton counsel for the defendant asked said witness, 
among others,the following questions ,and received the following — 
answers, Viz: " 

"Miss Grace,what sort of hair di* little Mary Phagan have? A, V/ell 
she had a kind of sandy color of hair, 

Q.V/as it lighter th^ yours or less light? A. It was darker than mine. 
■ Q.Darker than your hair? A. Yes sir, 

Q.I.feoh darker? A,\7ell,it was about two shades daiker than mine. 

Q. YOU would say about two shades;she was still a blond girl 
though? A, Yes sir," ’ 

The State further introduced the following transcript of 

the testimony of Miss Magnolia Kennedy as given at the original trial» 

^2* discover any hair on there anywhere,identify ony hair’ 
showed me the hair at the machine. 

Q..ynd you identified it,didn’t you® A. Yes sir, 

-Q.,Vhose hair was it? A. It looked like Mary-’s heir. 

On lathing machine. 

Shere^anKSs gi?^? record .these cross questions were asked and 

hair,and what was the color of 
-a sandy^oolor.^ there? A.Mary’s bair was a light brown,k-ind of 

Q. Yas this light brown that you found? A. Yes sir." “ 

The State further introduced the following s-tatTement made 

by Prank's attorney at the c-riginal trial in the examination of 

o!I°the ItJ^fSor^^Vd’^^r^^®^ am asking every lady who works 

rioor,- Did you ever meet Mr.JTranlc at the faet^v e-r Rf 
any time- or place for any Immoral, purpose?" raotory.or at 

and the question asked by Prance's attorneys of the witness Miss Ida 

i ® question that I am askine everv 

V YOU ever at anyttoe or ul^- 

whfiJo^’^lHfit^^ immoral purpose down ajr that office,or anyi 


i ^ 

II tJ » 

\ A . 


j ■ 

Nellie Wood teetifled orally before the Court ae followe: 
I am.^the Nellie Wood who worked at the National Pencil Fac¬ 
tory, Worked there two daye, I quit becauee Prank insulted 
me, I don't remember Juet what he did eay, but I didn't like 
it, I do not care to go into details df'what he eald and did 
if it le not necessary. This man, L, P, Eubanks called me up 
over the phone and askjd tq speak to me, I says, "This le 
her". He says, "This le Mr. Eubanks". I says, "I don't know 
anything about any Eubanks", He says, "You would if you saw 
me", ho said he wanted to see me, but wouldn't tell me what 
his business. I says, " M y ll tt l S L-brother le sick now and I 
cannot talk to you on business. You can comeout to my place. 

I knew I had went on some people's bonds. I didn't know whp 
in the world It could be, I asked him what his business was, 
what he wanted with me. He eald, "I will tell you when I come 
out, 1 don't care to tellyou over the phene". He come out, 
he come there, the doctor was there and my father and every¬ 

body. I didn't know what he wanted to talk to me about, I 
thought maybe he wanted to tell me about somebody in trouble, 
1 says, "1 can not talk to you this afternoon". He says, "It 
woTT't take but a few minutes to tellyou what 1 want to know". 
He says, "If you care to you can come out and take a ride In 
the car"? ,He says, 'WA will not take more than fifteen min¬ 
utes", J wasn't dressed to go out and he says, "You can put 
on your coat and come", I put on my coat and come on out 
and got in the oar and ae'he v/p.s driving around he asked me 
If I remembered a sensational trial here In Atlanta. 1 says', 
— "Wh a t d o yo u^ met ai?" He- says^—"^e- P r ank - o a s»", i- eay s, - "Ye s". 
He says, "What do you know about it?" I says, "Vary little, 

why?" And he Just dropped It. He says, "I want to make an 


appoljitment with you to. talk wl,th a party about It".' 1 says, 
"The baby Is sick and I can not leave home, but for a few 
minuses' a.t~ a~tlme",“' fls~sald lie wanted “to make an'appolntment- 
He said he had a man wh^ would come out the next day and 

ta}k to me about It, I told him the next day I. had to go 


_ the doctor and to meet me, ,at the car, and he did and a man 

j c. n i-*. ► 

nameft I.b7«Mrke «waB there Mr.Burke didn't tell me anything 
and Hr«Burke and Ur •Eubanks asked me tp to Mr* Burke's office, and 
asked me what I knew about the ease,and I says,"l don't know any¬ 
thing at all*” Bubonks told me I oould make some money if I v/ent 
to woifc on-the oase for -Hiem; that I was a woiklng girl and needed 
"^the money, and I told him that I oould not do itj that I didn't 
know anything about it. He didn’t state any amount that he would 
pay me. Mr. Eubanks was the man that oame in Burke's oar. He told 
me he worked at the Southern Railroad. I am engaged to be married. 
This talk ab^-b^my w^kljig up and down Beoatur Street ±3 ain't 
true, "t is soandalouA, it has just ruined me. I lived right around 
the corner on Daniel Street, for a while and the negroes got in 
that section In the property around there, and we moved, we wold 
our place and bought another one. The only way he knew me he seen 
me on the streets tfrere going home, and he didn't know me by 

mmo even, and didn't know me only that somebody may have gossiped 
> ■ 

around. I didn't know his nane or anything. I testified before 
the Coroner's Jury I told them everything I knew about Prank. 

I have never bo on a rrested or in the polloe station. Only I was 
down there as a witnesB. I live on Pulliam Street, with my mother 

and fat her. “'before that I lived at Ommewood Park. Before that 
I lived on Oorput Street with my mother and father. Before that, 
near the Pulton Bag and Cotton Mills, where we lived six or seven 
years. I went • on bond at polloe“cjourt to please a friend 4 ^mtn« 
■two o r three year s ago , I went on the bond of a man named Ward, 

He was charged with seduotlon. ■ Ho was a very dear friend of a 
lady friend of mine, and she wanted me tl» go on the bond. I am 
a milliner. I Just learned.and I stopped off for the purpose of 
m^tled^-^-BefOr fr-I- studied tOr be-ur milliner, I waa a ' - 
telephone operator. I nevw did Anything dlsrespeotable. 

I * B» BUBAMKB. Sworn fbr the'Stuter* I know J.E.Duffy. I have 
loaned J*E.Daffy money rooently and have no-bes for seme* I have the 

notes with me. 1 knot C«H*Bnrke. 1 am the L.P.Eubenks who Vas a 

: ' ' ' ' 

-witnesB agaJnBt'UoU irnold “md Duffy and several other people, 
proSeoutlnys for oar robbery*ln the Superior Court. 1 was working 
176 ^ vf or th v~Sontb etr n Railroad at the tine. I never wo iked for cr*W» 
Burke. I waa ^present;.at a oonf^noeJiotween Durke-r-Ueil^-A^ 

II - • 

J«E« Duff y.and Burko'e ohiinffeur, .Lynn at myaelf at my house. No 

noney was given ]>uffy at that time. I made him loans on April 4 

and April llth. I leaned Duffy money when he worked under me at the 

Southern Railroad In the year 19.10 and 1911 and at various times 

I loaned him small amounts of money. I think |3«60 was the greatest 

amount I had ever loaned him prior to toat time. He got the money 

■ at three different times. He got 06.00 at one time and then on May 

4th, I put that pn a note of $10.00 I let him have end on May llth 

I put It on a note with OlO.QO avS let him give one note for It 

$25.00. I said May a minute ago md that should have heai April of 

this year. He mad e an affidavit on Deoemher 11, 1913, and I never 

loaned him any money at all. In faot until April 4,1914. I did not 

give him one oent at that time. It-v-m nst have heen 7;00 o*clock 

when the parties met at my house. I never let- Duffy have any money 

at all that night we met at my house, Tht was on December 11,1913. 

He made an affidavit for 0.5.Burke and on April 4,1914, I let him 

have the first money I ever let him have since long before this 

—trouble In 1912. did not tell h im ha would ne ver have to pay It 

back,I did np.tJDake such a statement to Duffy’s father. Old man 

Duffy oame over there to the railroad to my place of business - - 

I went to see Nellie Wood about the 2Bth of January,19l4, I knew 

In the case 

she was a witness for the State/against Leo M, Prank, I went in 
O.VV,Burke’s automobile, and I we^nt at his Instanoe, Burke asked me 

“to' go t'here,he'said "he'dldnT;"know her himself, and I did, -- 

1 had been a foremw out there for the Southern Road at Deoatur 
Street for a long time and everybody knew of Hell drifting up and 
down Deoatur Street. 1 never had anything to do with her, I think 
she Is a woman of b ad oharaoter, I oen give names as to who said 
she was a bad oharaoter, a fellow named llshop. He was not one 
of the men lndlo_tnd-ln_th-at_QrQgd_._Hla inltlal a are Tijehop and 

Is not related to B.B. She told me that,while 1 was talking to her, 
that anything and everything would .be all right,In oonneotlon with 
what she was doing,. If telling'me "would mean I did know, I do 
know of my own knowledge. ■ Anybody down there who will say,anything 


-about-her-irtil i!aa:--of-her genaral "bad oharaoter. ■RishAp oan Re 
found on Deoatur Street, He is working there for the Southern 
Road as oar Inspeotor. He in in my office there all the time.*^ 


■ I ■ 

He did not make an affidavit In tbe Frank case for me* He told me 

he gave her a dozen bottles of beer one night and she was to meet 

him and he sale' she went off and never oame baok« He was not asked 

fo make an aff id avi t ■ I was no.t__talklng to -him about the Frank 

oase , I was talking about Hell Wood. I brought up the subjeot. We 

talk about all these kind of oharaoters, you know, down there. I 

was not making any Investigation for C.W,Burke at that time. kz. 


Ba ia sr I have never talked to Mr .Arnold or to Mr.Rosser about this 
oase at all. I went to to offloe and' said a few words to Mr.Haas 
bbout this oase yesterday. Burke was at that time and prior to that 
time.under-taking to have some of the boys reinstated with the 
Southern Road and had been mixed wpar* up In some oases and he had- - 
been working on Mell Arnold’s oase and while he hadn’t gone baok to 
work, he was promised the first opening thcit would oome up. He 
went baok to work on Januaiy 1, of this year. Buike v/as down there 
one day talking about that and he made the remark to me "I want to 
see Duffy too". I naturally supposed he wanted to see him about 
going baok to woik. Mr .Burke and everybody else knew I was not 
Interested In the Frank oase and did not oare anything, about It. 

He asked me where he was going and about going out to see him. I 
told him. he was working at Kampera. Ho says "I oan not get hold of 
—him for soma-oa u s o or otfa orTr-Oatt*tr-you-geir'hlm?"~I told/l will— “ 

asfc Arnold to go out thar-e and oatoh him and get him to oome to my 
house tonight. Burke says "I would not like to go all the way out 
to where he lives. I told him he^put'up right down below me and I 
hadno bijeotlon to his oomlng out to my house "and I-know he (Duffy) 
will oome,as I know he Is anxious to get baok to work at the 
Sout hern Railroad. Arnold we.nt and found him and told me that he 


^ eaL d he would 1)0 there at 7;30. I went to the telephone and told 
him ttiat Duffy had ooneented and was even anxious to oome and he o; 
and Mr.Burke did too*- Arnold,Lynn, Burke and myself were there tto# 
Arnold anA Duffy had been charged with oar robbery and Indicted for 

-it. I guess Duffy's paee has been di^po^ed of. I understood it 

was nol pressed* As to what ooourred *t my house, we all went in ^ 
the room there and sat down by the fire and talked along for awhile. 
We always felt pretty friendly towards one another* hung around 
Burke's ofjfioe nearly, a year off joudi one. and he has always made us 

II ri 


~w 0 loonre> After a while,Mr.BuAe oominenoecL talking, about the Prank_ 
■waKei,aiiiL—lie-^resented bis theory of the oaee -and told Duffy-,"1 
want,If you have not already told the truth,or if you have,! want 
to get an affidavit from you”. They dlsouesed 1* on for awhile and 
Duffy agreed to make the affldavlb, end they dlsoussdd the point 
of the possibility or probability of blood dropping on the floor, 
and then there was something mentloned,about f7.60pald for court 
costs and I remenber those things as having beda gone w er prior 
to the making of the affidavit# After the affidavit was made,and 
before It was signed, I heard Burke- reading It over to Duffy and 
Duffy signed It. Burke did not ask anything but the truth. I was 
there all the time. The statement was the boy's own statement, 
,aooordlng to the.way he made It, voluntarily. He said It was feb9 
solutely. true andTie repeated that and asserted It positively 
and he was glad to do It for nothing. Burke did not threaten him 
In any way. I have not been riding In the aitomoblle with Duffy 

WH. J. BURNS, Sworn for the State (by deposition). I am employed 

to Investigate the Mary Bhagan murder. I was first einployed by 

.. Leonard Haas and MT.Herbert Haas, attorneys for Leo M. Frank.^ There 

Is still some money due me. There was a oontraot In writing. There 

“■ was no stipulation as to my being paid more In the event I should 

report a certain wey. There was not to be a particle of difference^ 

My understanding was th&t I was to make my own investigation and 

find out the facts. I have bee.n In oonferenoes with Frank frequently. 

1 oondlnded after -first time I saw 

him that he was no pervert. I talked with him many times, and my 

- opinion was strengthened eaoh time. A man will Indloate In his 

looks or his actions that he Is no pervert, or Is. I have made a 

_close study of human UAture for many years and I have dealt with 

. . _ — --_ many- 

all classes cf people. In view of the fact that I have times 

arrested men who were- considered perverts, I consider my opinion, 

■fo-nned on personal oonfewnoes and my knowledge of human nature, 

aoourate and trustworthy. I did not have any personal oonferenoes 

-with James tJonley. I should say-after readt^ig the letters-, ttrat - 

I felt sure Oonley wrote,and after examining the clothing of flttle 

Miar^ Bhagan,! gave it as my posTtive opinion that Conley was a per* 


vert* As to KkK how I kneiir Oonley wrote those lettefd, I have ex¬ 
amined the writing of the letters you are referring to and what is 
known as the "murder notes”. I would not say that I wm a handwrit¬ 
ing expert,but there ore many oharaoteristios in the writing of 
the murder notes whloh show very plainly in the notes written to 
Annie Maud Cartes My definition of "pervert" as applied to Frank 
or Oonley, there are many phases of the pervert. The sexual per¬ 
vert is a man who satisfies his sexual passion in an unnatural way. 
(Considering Oonley in ©nneotion with the letters, I would oell 
him a fiendish pervert, that is, a man whose sexual passion is 
am oh that-he-would oonslt murder in orfler to satisfy it* in an 
unnatural way. You might take that term, it might take that turn, 
it might take a natural turn. He would be a pervert if it took the 

natural way. There are various phases of the pervert. TheiBBn 
v/ho mutilates the person and is a pervert in the definition I gave 
is.not usually a man o^ ignorance or a man of eduoation, he might 
be a very ounning man. It is a crime of both the educated and 
uneduoated. In my opinion, after reading those letters, I would 
say Oonley Si.tiated himself in an unnatural way. Mr,Smith,attorney 
for Conley, gave me opportunity to see Conley whenever I wished, 
in his presence. I didn't avail myself of that privilege because I 
didn't think I would have the opportunity of talking with Conley 
in the way I wanted with the reetrlotlons there were lExhaxK thrown 
about him^ There is a man named Adams who works for me, also 
Botts Rogers* Charles leon le not mn my payroll* He was nothin 
Chloago with me. He earne"to my 'offloe in Chloago. He oame to see 
a negro by the name of Aaron Allen. He oame there with my knovfl.edge 
and oonsent. It is not true that I had Isom there for the purpose 
of getting a statement from Villen after Ihad interviewed Allen 
-mjaelf-for three days-rX^didnit-aencTf or-IsmoHjiaf-all, I reoeiveS 

a telegram from here that a man by the name of Isom was coming on 

there. I think the telegram was from Mr .Herbert Haas. Mr, Jake Haas 

a man 

was there at the same time with Ahron All an/ l hayfl/nam nd O'Heal 

_ in my employ in lAdlanapolls. The negro didn't look very weKk,but 
I don't remenfcer his being very slok. He oould go around. I lntev« 
viewed him twioe* I did not hear from laam when he interviewed 

Aaron Allen. He was sent on from here. They said Mr,Isom knew him 

_ V ■ ■ - 

I dlta't gef a statement from Aaron Attn wlaloh anounted to 
fliuoh. I never made aiy statement to leom that .1 couldn't get any- 
- - thing from Aaron Allen I wented.Ieom didn't make any report to me. 

I told him he tpld me about being put into a oellUith Wewt Lee and 
about Newt Lee telling him he wae innocent and then of a white 
man being put “in the nest cell and Newt Lee kstt being placed there 
^ with him.and overhearing the white-man say "If you don't keep your 

mouth shut,you will get us all in trouble" and th^.t the white man 
was brbugfiFTjaok into the oeUl with Aaron Allen and te reported 
to Aaron Allen this seme thing. I know Mr.Hopkins was there-about 
the same time Allen and Isom were there and got the affidavit. J. 

: Jaoobs there abouu me same Time. I don't know anything about 

Jacobs' swearing to the good character of Annie Maud Carter,who 

gave these notes to you. I didn't hardly say anything to the 
fellow Aaron Allen. I didn't curse him,nor abuse him. No such 
thing ever happenj<ed-as-some money being put out on a table in ■ 
the room where Aaron Allen was, where he could see it,end nobody 
else in there. 1 didn't pay Allen anything. I dUln't authorize 
O'Neal to tell Allen he wanted him over there to do some work in 
oonneotlon with oatohlng some negro who was sleeping with some — 
white woman. I didn't take Aaron Allen from Indianapolis to Chicago 
■*t all, I didn't know he wae there at all. He was not detained 
-there at all. I-don^t know any negro detective there by the name of 
Bell, I don't know that Charles Isom was paid $100. through my 
agency to go up there and get that Negro Aaron Allen and get from 
him a statement favorable to Prank. I never heard tell of it. L 
think Jacobs stayed there a day or two. Charles 0,Tedder is not 
en^loyed by me. I think he was employed by Mr.Lehon. I don't know - 
how long Tedder, had been drawing pay from my agency here. I don't 

Srow-a-tfring In tW^orld about ^dder bafag on the p^ roll of the 
Wm.J.Burns Detective Agency. He didn't wojfc on the Prank case that 
I know of. He worked on the Conley oasS, you might say. I an em¬ 
ployed to wife on the Prank case-and the Conley case, everything 

_oo»m9oted wj-tfa the Mary Phaga n murder. T d not j^ i t Te ddor to work 

on anything anywhere. I don.'t know what Lohon did. Lehon doesn't ■ i 
181 mat. reports to_«.. He 1, menagor if the Southern Offloe here 

1 U 

alBO oondmta the Uew^rleana offioe. He is making intestigatlon 
into the Frank case ahS- Conley pass tind the Mary Fhagan murder 
like me and getting angles over the country* He does not report to 
me In writing* He sometimes reports- to me verbally* I do not get 
all the reports eventually end ultmately from all men working on 
this oase* Mr* Serrs has charge of them* Mr*Seare and Mr.Haas get 
them* Mr .Sears Is Just the local men here* I do not get.elthei' 
verbally or in writing full and complete reports as to the investi¬ 
gation going on* These matters are not reported to Prank's 
oounsel before they come to me *they oome to our office flr.jt, they 
should* I em not the man who makes the reports to Prank's attomei® 

They report to IIf*Lehbn and Mr .Haas. The purpose en object in 
dividing it up and my object In making subordinate reports -to these - 
men Js so, that they will know everything that is going on. I visit¬ 
ed Mr(V/m.M*Smith in company with Mr*DanLehon some v^k or ten days 
ago» about eight o'clock In the morning. I know that Carlton C* 

Tedder was reporting to Mr.Lehon at th t time* Yes, I asked Mr.Smith 
If he trusted Mr.Tedder Implloifly on that oooaslon. I wanted to know 
whether or not he was frank with us In stating he would get oome 
facts or gather some facts In oonneotlon with Conley. .1 was not 
anxious to convict Conley and Save Prank, not If Conley wa« Innooent* 

I o-ould not tell exactly when I first oame Into possession of facts 
.vjlth referenoLe to thi s Ragsdale matter. The first time I ever heard 
of It,Mr.Lehon epoke ta me about It* He stated that there wae a 
pfeaoher,and he was back in the alley* aid when he gbl; this far I, 
stopped him*- I didn't v;ant to hear about any more people bei n g 
In the alleys* Yes, I had suffloilait of that, baok of the penoll fact 
pry* I had a man in Chloago, who claimed to have ploked’up tii a 
pooket book and memorandum book baok In the alley of the National 
■=^^ndfl“f aotory* -1 f OTget^ls name * Be^Wla" he'-was a^al^t 1 on Xrmy’"^ ^ 
men* I did not get’ hla af fldavltt Mr«Hopkln8,I think took an affidavit 
from him* I guess It Is In the ppsaeslon of somebody here In ^ 
Atlanta* I heard so many alley prpposIt Ions.there just have been 
three or four hundred propositions, I got dlhgosted* I didn't find ■ 

them anywbrere, either In Chloago, New York or Atlanta* The operatl^ye 
- kept telling me about them* Mr. lehoh and I were oontlnually jokl^ 
^^^bput the number of men who werp down in the alley* Yes, I talked ' 

I! n 

to this fellow in Chloogo,that ploked up some 'books or things in 
the ^lley. He shoed me a memorandum book and told me about It that 
certain writing was In the book when he got lt» I examined it, and 
concluded it was not Conley's and told him so and that end¬ 
ed it,so far as I was ooncerned* I thought it was his own writing* 
Ho also had a pooket book. I never_made the statement in my life 1h at 
I had that pooket book possesdpn* I have no poeket book or 
pTirse that any one olalms to have belonged to Hary Phagan? I 
have no mesh bag* I never authorized the statement in any newspaper 
- to th*± effect that I had it* I never at any time made any claim 
that I had it* I never made any statement in Cleveland, or any other 
city that the guilty man was at large. The newspapers have said 
many things that are not twue abou-t-this—i n quotln g--me* They often 
misquoted me* At the time I asked Mr.Smith if ho had Impllolt 
oonfldenoe in this man Tedder, I was not oonoomlng myself about 
Ragsdale at'the time. Mr* Tobie is my Chicago man. I have learned 
that he was down here on this case.I only know by hearsay who em- 
B)lo yed him* Mr* Tom Felde r employed him* Mr;Tobie did not make any 
reports to me. I never hoard of any reports he made, except what I 
read 4n the newspapers here. '.7hen I first hoard ofla-the Ragsdale In- 
oldent.I told them I didn't oare to hear any more of it. I first 
heard of it probably a week or ten days beferetho affidavits wore 
made. Mr. Lehon. spoke of it to me in ray office. I don't toiow whether 
Charley Sears was present "Ot not* !Ehe next time I heard of it Mr. 
Lehon came to me and told me the^ preacher had made an affidavit and 
that they had run out his record and found it alright* He did not 
toll me anything about Barber. He didn't say he hod run-out his 
oharaoter, he said it had been run out. I did not pay any attention 
rtoi~it. ■fes.^ 1 did have a oonversation with Mr .Lehon previous to 
that, he came to me again and told me about this preacher,and did 

say that he was oo 3 ?roborated,end I told him that I-wouldn't have 
anything to do with a man who would keep that information all this 
.time,and that he-was-not-wojsthy of belief, and that I would not have' 
anything to do with it, end to send them to Mr. Rosser or Mr/Arnold 
a rfl af ter i nvestig a tion if thy saw fit to t ake it to dp so* I dhn't 

know Whether Mr.Lehon oarrled-out my 
1.6^ !he did. I think it was two or three days /before I heard that he 

« ' 

•l< . 


liad made the affidavit# I never aaw Arthur Thurman in my life. I 

do not know whether Messrs# Arnold and Rosser were talked to about 

this matter or not# I never talked to. them about it. I do not know 

of any money being paid out# either to Rageidale or Barber, nor 

to Thurman or Tedder^ I never paid a oent and never authorized a 

oent to be paid# I do not think this thing would be handled by 

somebody on the side .who would not report to me, in order to keep 

me- from knowing it. I don’.t think aaoh a thing would ooour. Ho 

would be violating the rules of our ^enoy absolutely to do any- 

thing of the kind# I did not hear through any souroe oonneoted with 

this oase or in any way that ©arlton 0#Tedder had been supplied 


money for the purpose# 1 am/famlllar with the Annie Maud Carter 
proposition than wi-th -the Ragsdale proposition. Ho, it was not my 
particular dlsoovery# I didn't work up that angle. I don't know who 
worked upmthat angle. I found the girl at Mr .Haas' office# on the 
day she made the adFfldavlt# I never heard of her before. Yes I oame 
in oontaot with a. .Hr#’ii7renn. I have seen both of them, ’ Jlmnie Wrenn 
and Ceorge Wrenn# I did not see George Wrenn before ha waa ral.flft Had 
_fr(ai the Tower# I aaw than while they were working for C,W#Burke. 

I never saw ItoJPrank in the Jail in company with Mr .Burke in my 
life# I never saw fixxMxsaB Mr# Prank when Dr. Wrenn was there# 
Nothing was said to me about what was going on whQri_D 2 i*WrfliML_was 
dowB there# Nobody ever handled anything through Wrenn. The first 
I, time I ever saw Wrenn I sent for hlm-aid heo ame to my tfffloe# I 
asked who was familiar with those letters and they said Wrenn was, 
and I sent for him and asked him to al t dOTOi end translate 
which he did. It was a young fellow about 26 or 26 years oTd. He 
is "the taller of the two. Wrenn read it. IiQonard Haas afterwa^s 
furnl^ed the translation. I am telling you Dr#George Wrenn did it 
first and - ten Leonard H^s di d it afterwards# Dr# Wre midld it for 
ne. Two of the aounsel were present, Leonard and Herbert Haas. I 
oould not say how long that was previous to the beginning of the - 
hearing up here on the. eoctraordinary motion. It has only been four 

_or fivedays ago# It was two or three days, I think befdre that 

-the^^ -l>ee*-±n posi^eB»ion-oiC these-noiies-r-I do-not know that “ 
they have sought to have them' photographed before that more than 
184 that length of time# I got the notes from a#W,Burke, a y,ttle 

H r. 

while Ijefore Wrsuxi Interpreted them* Yes, Burke Is. the man who de¬ 
serves credit for the dlsoovery of the notes, i *iii.-rTByim.fwv^Hri.ifv T 
'^went over the evidence in the oase. I read all the 'brief^ in it; 
went down to the pencil fMtory,went ever all the briefs in the 
oase and -interviewed all the wliness at the pencil factory,went 
up to your office and eocamlned the clothes, eKamlned the evidence 
in the oa e and made my report to than that in my opinion that they 
did not need any evidence outsidsof that used at the first trial. 

That is my opinion now. I suppose there were over one hundred wit¬ 
nesses introduced by the State of GeoiHia i>i;he case. I don't know 
how many were introduced. I dlAi't read overall. I did not read 

the s tenographio report, I just read the briefs. I Int^fewedr^- 

Sohlff, Parley, Hollowpy, .iLaxml e Quinn at the factory, Frank himself, 
I don't recollect the others . I don't remember the Stated witnesses 
I examined. I employed Botts Rogers,who was one of the State's wit¬ 
nesses. He has not given an adffldavit changing his evidence. I did 
not interview John Starnes and Pat Canpbell, I tried to interview 
Honteen Stover. I did not interview Newt Lee. I tried to interview 
Monteon Stover twice. The flrs^i^lme was at Mr.Boorstin's office. 

I told Mr.Leonard Haas I would^llke very much to talk with this little 
Monteen Stover,except with her permission, aid he said he thought 
he couldarrange it. Later I met Mr.Boorstln and asked him if he • 
could make arrangements for the interview wl th Monteen Stover and 
he said he ooilld. I told him to be sure and get the permission of 
the parents of the girlH and the girI8 permlSBlon. Later Mr.Haas 
telephoned me,told me that Monteen Stover and her father and mother 
were tt the office of Mr.Boorstin, I went up there and as I walked 
in the door,Mr.Boorstin said ''Come in Mr .Burns?' and the little girl 
jumped up aid went oijt the door and the motfaa^after her. Th^ 
went after her and oallod her back, I eaii "What is the trouble," I 

_ _-—»a-jBV^o3rl , if -Btig-adeen^want to apeak to me, 1 et her go,don' t 

__ sail her baok." I said to Mr.Boorstin,"Did you make the arrangpent" 

and he. said' "No,I did not.I thou^t I.would get her here and she 

would oonsent," TJien:! I Bald "You gentlemen oi^ht not to have 
brought me here without having made sati efaotory a rrange^^ta_JQ.r ^ 
. the Interview," i did not see anybody grab hold of the girl and, 

^ ha ve any oonferenoe wLf fa t]ie 

18 Btays in Eoorstin's oWloe at all about dc%aittinK^er Tor-diree^i>.g 

w*. it r. 




her to close the doon oil her mother wheai she went to go. out and 
tell her to stay- there. I did not talk to Mr .Edmondson, the step¬ 
father of this little gl-rl, rl^t therei I never saw him ljut once 
In my life. i did not talk to Dt. Olaud Smith, the olty Bacteriolo¬ 
gist. I aid not talk to the two dootors who were employed hy the 
defe/ise to-ascertain whether or not that.was Wood on the second 
floor. I did not get their names or know anything aljout their re¬ 
port. I made a thtrough Inquiry about it. I made an investigation 
at the factoly and the witnesses attached to the faotort. I did 
not talk to Mell Stanford,Mrs. Jefferson,or R.P.Ba^ett. I did not 
find out from Prank who that was present with hln when he got down 
on his knees and examined those blood spots. I never heard cf it. 

I never saw Duffy in my life, aid didn't dlsuuss tjat with him. I 
don't know him. I nev"^ Interviewed him. I never talked to Newt 

Lee .±k* r-examined the blood spots on the first floor, where they 
i-j ./ - alleged 

ohlpped/up. I did not examine the/blood ^ots dowi In 1:he area 

where fflm Oonley is said to have been sitting* but I had an inter¬ 
view with Mr.Mo’Jorth.^.Whitfield ,and they told me what they had 
found and thoi we .examined some spots still there, and where they 
said they had bean shipped.up there. I think T^hltfield has beam ^ 
woilclng for me. I did not take him into my employ, Mr .Sears did. 

I talked to him about those blood spots. I did not have an analysis 
. made of than, I never saw those chipped up frbm there . I never saw 
those around the elevator area; they were turned uper to the 
Pinkertons and thrown awqy/ It is my understanding tht they were 
jt?unie4-over to the Plhkertons. I have been thore arfi sesa the 
floor. There was something chipped up there, on the street floor 
near the scuttle hole. I know what Mr.Whitfield aid Mr.Mofforth told 
me,that they chipped them up and turned them over to Scott,or 
-Pierce,! forget whichjof t^ Pinkertons. Moforth Is now an assist¬ 
ant at my office. He is retained to handle all natters. I saw the 
club Mc’yorth and Whittf-ie Id reported to me_,_ j saw it in Mr .Haas' ' 
office-, aid there was blood on it. I-arm-mo rq^ capable of looking at 
--a man and saying he is a Divert,^th» looWng at apota anfl tan’ 

they are blood- or not l»XOdav My next business engagement is out in 
186 Oklahoma, Oklahoma Oity. I,will “retum here in about' ten d^s. 

n i 

I have no evldenoe no w wjj :h reference to this murder I have not re 
ported to Leu M.Frank, or to his attorneyB. I keep reporting every 
day and right along, I have made my final report to than, I have 
not it in written fom,^ Bfa going to make a written report, I have 
advised them not to puTjllsh it* teoauee of the faot that It looked 
to me as though every witness that Is found here Is hamhoozled, 
or turned about,and I determined and advised them when they found 
a witness to—sen-d—the witnesses out of tom to preserve them»Annle 
Maud Carter was sent out of town on my suggestion. Mr,lehon attend¬ 
ed to that, r sent her to New Orleans, After she made the affidavit’ 

I advised the attorneys to send her out of town. I do not know where 
she is stopping, I do n ot k now that she Is st4pplr« at 314 Lower 
Line, She is not working for the agenoy dovn there, I do not 
know who is living at that plaoe. Nothing was paid Annie Maud 
Carter that I know,of, not know of anything paid her for her 
evidence by Wrenn, I found Annie Maud Carter In Hr.Haas’ Office, 
Leonard Haas and Herbert liaas'^l^oth In the offloe together, I 
told Annie Maud Carter's mother that I would arrange for her to go 
and see her daughter, I have never seen her since, I do not know 
that she came to my offlee prepared to go to see her daughter, I 
did not personally tell her that I would let her telephone her 
daughter,' I think Lehon attended to the details of getting 
Annie Metud Carter out of town, I have no evidence cf a physical 
nature not already before the court tending to ec^ose who the 
murderer of Mary Phegan Is. I have not anything of a documentary 
_iiatuiB. that “has "not been turnad over to the at’torneys, I am report 
Ing^o them every day,' The last report was made to than probably a 
■ day or two ago. The last time I talked with these men was this 
—morning, -end last night, I have not seen a copy of their motion 

an d amendmeo-ts, I have not read_them Im the papers. No, I know __ 

of no evidence lllustrallng aax any Issue In this case I have not 
apprised these gentlemen of, I don't know anything ab 9 Ut anything 
that they have not brou^t to the attention of the court, 

CROSS E3CAMINATI0N. It was extremely difficult to Investigate the. 

nf ^hts oaae , owing to the'In tense feeling on the p art of _ 

some manbers of the public, The most, difficult of a^ .case I have ^ , 
3ver inquired into In ell my expOTlenoe, I never in all 

t ■ 

my life met. witli suoh t^j^LeaBonlng'prejudloe ae tliere le in this 
ease, to give the facts, jnat the simple truth. I have never 
known a oaae where it is, .as hard to hold a man to his stiry, to 
Just the simple truth as in this oaiie, I have never heard tell or 
reas of anything as outragelous as was resorted to in this oase to 
secure the evidence of Mlnola MoKnlght.or the treatnent accorded 
to Albert MoKni^t. I talked to Albert MoKhight after he was :iate- 


ly arrest ede 1 have read the affidavit made by All)ert MoKxiight 
that was put in thfe motion for a new trial* He stated that what' 
he had sworn for the-drOfense was alosolutely true,and he ./was in¬ 
duced to tell the stoiy he did on the stand' by Glaborne or Graven* 

I read the brief of evidence in this case* T would say the brief 
of evldance covered the truth in this oa^ie oompletely. I read the 
evidence of Jim Conley. I have never known of a white man wit ha 
hitherto unblemished stanat reputation being oonvioted on the 
testimony of a low criminal negro, who himself admitted to having 
written the notes found by the body of the girl, or of any court, 
jury, or aiybody aooepting any suoh^ oriminal explanation of the 
orlme* lay oonolusion as to who was the nizrderer of Mary Phagan, 

80 far as all the evldenoe on the trial of a oase is oonoerned, 
unquestionably Jim Conley. I read the testimony of the Pinker¬ 
ton man, Soott as to how Jim Conley changed hi^test-lmoiayt start¬ 
ing out that he knew nothing about it, and then he cdalmed he had 

written the notes on Friday, and then changed and srid he had 


wtttten them on Saturday, and that whenever h/ said anything that 

would not fit, th^ would tell him to put in something that would 

fit* My statement first made as to the.oonvlction (£ Prank is based 
b'ri ef 

on.the/whioh I read. I have never talked with Jim Conley. So far . 
nfl iT^y In forma ttcii goes, he has teen kept ever sinoelhlp proaeou-felon 

at the jail. I understand that noTjody has been allowed to talk: 
to him. My Infonnation as to .the terms on whldh this man .Sralth w ' 
would allow me to talk with him, was provided that he was present-- 
and I think he wanted a reporter of the court present also, I 

■hhinir under Buoh oiroumBtahoes .1 oou ld get anything out of _ 

Jim Conley. I examined the letters he wrote in the jail and the e 
olothes of the little glr. The.•entente of.these letters were very 
^ vile. I nev er s aw a oase more f-H-le.d wi-th-that ohawioter of pe*^ ' 

II r* n 

version In my,llfe» 1 have never attempted to g et anything ~exoept 
what I-ffuittJldewd the trttttt. There have teen hundredeof riunora 
of a great many people wishing and prod&rlng to tell rldloulous 
and what ]c}6c ooneidered- absurd things In this oase. It Is difficult 
frequently to tell just what motives were prompting them or why 
the|i w^ted to get Into it* whether It Is the truth or not# 

REDIREOT EXAMIKATION# One Inffitanoe I con name where obstaoles have 
been thrown In my Hajjr as to getting evidence and ascertalnli^g the 
truth, Is the Sonley Incident end Monteen Stover situation, aid I 
oonsldered outrageous, perfectly outrageous# As to why It la. out¬ 
rageous.for a private Individual not to submit to cross examine tl on 
byfour or five,_all In the pay for a convict and his 
friends,! suppose the object was to get at the real facts and find 
out who was the actual murdered, It seems a lot of extraneous 
matters have been Injected Inta-lt, and I oould see there was a 
feeling here on the part of law^e^s that Ixtendod to interfere with 
a proper investigation of the loase''^^^ jfpr Instance, yours , (itir#Dorset 
As to what obstacle you put in the way of a full investigation, you 
refused to discuss this case with me, after I told you I would re¬ 
port that Prank was Innoodnt. I asked you If I oould discuss the 
oase with you end you sai.d, no, hot then. Yes, you said you^would 
see me at eny time afterwards. Yes, 1 told you t h8.t I would^report 
■in writing in a few days that Prank was innocent and Conley guilty. 

I had already made up my mind at athat time. You'told me if that 
was true there was no use to dlsouss It with me# Yes, you told me 
I oould oome baok If I wanted to,and that you would be glad to see — 
me and give me the opportunity of- oonvinolng you of his Innooenoe*. 

As to whether you told me you didn't care v/hat my opinion was, that 
I need not gtxs waste any time In giving my opinion attacking the 
verd-let.^at If-I had-=eviaenoe,—I-uoufl^akB- all the time I wanted 
to oonvlnoe, yes', you said about that. You added, that for some reason, 
•after you oame out Into the hall. Mr.Alexander had ,gone almost dowi^ 
the stairs. As-to what other obstacles,other than the Monteen Stover 
and the Jim Conley insitanoes were thrown In my way, I asked the 
attorneys for the defense whether. It would be possible to see aU 
fhe wittaesses for the State and the defense and they^old me- It would. 
189 impossible to get to itwa.atter we had started on Monteen stover. 


, ’ -It 


■ r' 



The-Hoas'—toTdme that. Perhaps Mr .Arnold, I om not sure. Mr, 

Rosser may posslljly have .told ms, I do not reoolleot any other 
otstaole that was tfarovm in my way. Perhaps if I had-laiown you 

were going to ask thft question I oould have thought it over and 

refreshed my mind. As to why I did not go to see Jim Conley,ho- 

oause, as I have-said, of the ohstaoles thrown in my way. As to 
gp where ic*y^ 

why I oould not/get valuable information, I saw and read the notes 
and saw the olothes of the murdered girl and the manner in v/hioh 
the under garments were out. He admitted writing the murder notes. 
As to how I know that Conley ever saw or had his hands on those 
garments, why the way in whihh thosegarraents were out , indla ates 
to my mind that it was the aot of a pervert, suoh a perverted mind 
as Conley betrays in those notes. The most ridiculous thing that 

has been brought to my attention in this oase.iS the fellows who 

olalm to have been behind that factory, or the alley on that dyy, 
were lined up you *ould think it was a, perade, also those who ss 
olalmed to have heard -eoreams there that day. Mr, Haas told me 
about some man who heard soreans in that factory. I don't reoolleot 
- he ^;old 'me^heHame^ I did not ever talk to a man who olaims to 
have heard soreans, I wmSi never talked to a man who claimed to 
^ have seen Jim Conley, but the Saltation Army man in Chicago. Yes 

) I-heard tfE Marty/Rloh sal-d that Conley bought a lunoh from—her 
^ dovnthere . I was not ■ therefore looking for anyboc'ly in partioulor 
who saw him come out of the factory. I was looking for anybody 
that had any information on the subject. The Instances that have 
occurred throughout the oourse of this invostigation that showed 
p^judioe on the part of any people, were the handling of these 
witnesses, the Albert MoKnlght matter, antd the statements that I 
read as havingb ean madeaever knew of the effort that Burke made 
to send MoHnight out of town when he was wanted as a witness 
in the Conley ease. We made Annie ileude Carter .a witness, she was 
our witness, and ww wanted to take oare of her,and we were satis¬ 
fied what would happen to her if wa left her here. In the investi¬ 
gation of Conley's reoorcL, this is the only instanoe, his oonneot- 
ion with this ease, I dlsoovere d'. As to what criminal ant Cn nlay ^— 
committed, I have only hearsay, - . 

BAM a. Sworn for the State (By d^oeltlonlMy position is 

that of Manager of the Southern Divied; on of the William J, Burns 
Rational Deteotive Agency with headquarters in New OrleaiB, I have 
. -iDeen here on the frank or ^ry Phagan oase for the psist four or 
five weetes/ I oamot : eoall Just when I oame here. Oooasionally we 
oall Llr,Burne"Grovernor"', Mr.Buraa oarae a few days hefoie I ar¬ 
rived, I take oharge of the work in general, nothing in pertloular 
— I did everything that oame to me I thought was necessary to have t 

do in this matter. Aa to what I am paid in oonneotion with my work 

in this Prarik husiness, it doesn't make a partlole of difference 
to me as to my compensation, I am paid a salary by Mr .Burns and 
this oase has absolutely no bearing on my salary. I am not inter- 
estedin the retained Mr,Bums receives, I am interested in the 
money Mr,Burns pays this agenoy here in Atlanta the sane as any 
other employee would be in any oonoern or firm. I have no interest 
at all personally in Ahe money that is received from Prank or 
his friends and paid to Mr .Burns or the Bums' Agenoy. I have been 
paid on aooount of the agenoy, some monies from our client. Yes, 

I have signed and receipted for the monj(ies ' that have beaa paid 
for the serviees of Burns and myself and his agsi ts here, I have, 
not handled all of it. I don't know v/ho has handled others. We got 

the money from tir.Herbert J.Haaa.of oounsel for the defense. I oan 

not reoolleot how much money we got from Haas at the time Ragsdale 
made his affidavit. I don't reoolleot whether a- not I got any mon¬ 
ey from Haas at that time. Immediately previous I-got five hundred 
d ollars by oheok. I diil not'talk wi th Haas about tto Ragsdale af¬ 
fidavit when I got this money. I reoolleot previously mentioning 
something about an affidavit that was to be made by a preacher and 
1 never knew Ragsdale's name until the day he made the affidavit, 
to my knowing my subordinates or the subordinates of the Bums' 
Sge-hoy,or Bums himself had been in touaiTwith a preacher, I had 
heard there was a preacher fr 9 m one of our operatives nans d T/hlt- . 
field,the same man, who used to work with .Pinkertons under Pierce', 

I heard it from Rogers, a witness for the Stpte. I also heard it 
fro m 0,0,Jedder,also in my employ . I eroloyed and paid 1 

adve nood; l? e ade r at. the time that I employed him, which I think 
^s the 16th or 16th of April, a month's salary. Two hundred-^-- ' 

flftv dollars^ I also advarfled him d gm nn v. ^ ’ 

CU' for oogaenBeB of ma^ng 

± M ft I 

to iiifj.uauu»> Bome nltnesBes that he told me were living in Birming¬ 
ham, or Chattanooga, or Haabvlllo, One of the .witnesses he told ifle 
was a prostitute in a house of prostitution at either Chattanooga, 
or Birmingham, who had' information .would swear to Prank being a 
pervert and I instructed him to go and get this information by all 
means; and he also informed me at the sane tJme that he had a very 
Important witness "in the person of Maik Wilson,a negro, who would 
testify that he saw James Conley buy a lunch from Mary Rich,the 
negress ne^ the pencil factory on the day of the murder aid that 
Wilson would also state that he saw Conley going back to the pen¬ 
cil factory,in the alley and coming out of the alley. He also'tolS 
me there was another witness named Hodge, a negro,who could verify 
and support or oorroborate the statement of Mark Wilson, and it was 
for that purpose I gave this money to Tedder to defray his eocpenseu 
and he explained to me he was broke and needed money and asked me 
to advance him a month's salary,whloh I dH , it the time I advanced 
this c)S50«00 I had never heard of the preacher. I do not loiow a mam 
by the name of Petrie, If he is workir^ .for the Burns' agency, I 
don't know it. I don't knos anything about him. I never heard of 
the name Petrie before. At the time I .adv.anned Tedder the seoord. ' 
$250.00 I had not then heard of this man Ragsdale. The first time 
that Tedder discussed Rsigsdale with me I think was on the 28ni of 
April, TeddeV told me that Arthur Thurman, a lawyer hero, had a 
preacher client of his, who olaimed to knafa groat deal ©bout the 
Prank ease; that he had overheard, some negroes talking in an. a^ley 
way and one of them admitted the killing of a girl in the pencil 
faotoiy,and that they were willing to mefce an affidavit to that 
effect. I told him I would be very glad to get it. That was all 
that was said at that time that I oan recollect. The next time, 

- I t hi n l c . w aB—on-th-e 2 8 r d of; Ai^:l-,—3!edd^©^ oailed me up- o.n the .tele- —■ 
phone aid said, "Thuiman is bringing those two men to your office, 
the preacher and another man, to make affidavits." I said,"All right 
have than bri'ng them down." Thuiman came into our office and said, 
"Ur .Lehon,thle Is'Br .Ragsdale aid this is Mr .Barber" pointing to the 

mTO,"the3r‘deelre“^o mSke affidavits Tii the Prank case". I said "All 
right" and Thurman withdrew. I asked Barber and Ragsdale to step 
into my P*i^ate ojWloe and th*^ were onlir seated a minute and Tgo^ 

my hat upon the raok bM bb 14 "Oome on over to Mr.RoBBer’e office, 
the attorney's." I brought them to Mr..BosBer’a office where th^ 
were first Interrogated by itr.Brandon,as Mr .Rosser was not present 
It was during the noon hour. Later Mr .J^osser came-and in my pre- 

senoe and in the presence of young Mr.Tifton.I think it is, the 
stenographer, and Ragsdale and Barber,their affidavit was taken by 
Mr, Rosser, They were not brought in by Mr.Thurman and Tedder, 
they were brought- in~by Mr",Thur,man. Tedder called me up on the 
■td-ephone aid stated Mr,Thurman was oomlng to my office with those 
men. After Mr.Rosser h^ taken the affidavits of both Ragsdale aid 
Barber and then asked them for tlie nace s of some 6f~their assoolates 
or some reputable men here in Atlanta or elsewhere in the State of 
Georgia that oould vouoh for their good cbaraoters, and both Rags¬ 
dale and Barber furnished Mr .Rosser with a number of names, mostly 
of Atlanta oltizens, ani Mr .Rosser then furnished me v/it h his list, 
and I immediately insl^ruoted our operatives,and went per- . 

sonally to some of them myself,and interviewed two gentlemen at 
lead t in regard to Ragsdale. They are oonneoted with the State 
Mission Board here; one of than was a preaoher named Page, and the 
other man was acting a eeretary of the State Mission Board, Bernard, 

I think his nane is. Idon't ]qiov/ whether Bernard is an auctioneer. 
He was acting secretary of the State Mission Board In the absenae 
of J.J,Beni)ett,who was siok in the hospital and whose name Mr Jiags- 
dale had furnished us, I called at the State Mission Board for the ~ 
piirpose of interviewing J.J.Bennett ahd found that he was eiok. That 

is the first.time I made an investigation, that is the first time I 
knew-Ragsdale a nd Barber's name s. I think it was a day or two 
previous to when I pxmi got the affidavits that I obtained the 
-Information fromTeddor tha^affi davit "oould be m^, ~ffhen"Tfi^r^ 
.mentioned the matter to the Governor about a preaoher being in exp 
istenoe who knew something about this and when I mentioned he was 
in an alley-way he says,"No more of.-that-alley businesa. Ne have 
run enough of that”, and. didn't take the thing seriously at aH« 

I oould no-t- say-exaotly how long, it was previous to the time that ' 
affidavit was aotually executed that I and 'V/,j.Buma had this- talk, ’ 
but it was only a few days, ' I dou'tjhlnk I ooniiunloated this matter 

iniBedlately a nd d ^eotay^to the Go vemnr. mh. 

-i ---- • • , „ ■ ■ 

reason for t he "delay 

il li li 

was teoause I dlin’t think It was very important myself. Prom the 
time Tldder first mentioned this matter to me xintil I got this ef- 
fldavit.I only made one p^ment to Tedder; that was the day I 
employed him and that was aa-odv^unja-of-a-month's salary aid-$260♦ 
for expenses to go to look up those witnesses# I got the money from 
Herbert J#Haas on aooount of our servloes. To the best of my re- 
oolleotion It was by oheok. I am not able to say whether it v/as by 
oheok or by money. I have been paid oash by them and also been paid 
” by oheok#'I have been paid-so often by oash, T oan not reoolleot 
how often It was# I, oan not reoolleot how often I have been paU 
by oheok# I oould not state of my own Iniowledge whether the oheok 
was signed by Herbert J#HaaB individually or as treasurer# I paid 
very little attention to the oheok# I oould not tell you what bank 
the oheoks were on# I tumed th*m over to the looal manager, Mr# 

Sears# I don't reoolleot endorsing any oheoks# I don't teoolleot 
any oash or oheok transaotion at all at the immediate day the 
Ragsdale matter was on# YIe pay Boots Rogers a per diem basis# 

We havB no usual oustom'of paying our agents. It varies. I did 
not pay Tedder any money the day this affidavit was made# I do not 
know of his getting any money. Tedder "was not in my off loe at any 
tkme that day previous to the money being paM. I do not and do not 
think he was at the offloe of Messrs# Haas# Ho, Ragsdale ani Barber 
did not refuse or delay the exooutlon cC ■those affidavits# They 
were only toxlous to make them and wds wondering why the thing was 
being delayed so long whan they_ware extremely aaaxlous-to make the 
affidavits# I met Arthur Thurman twice# Tedder told me he went to 
BlimgJnahm, Nashville and Ohattanooga# He made verbal reports. I 
did not make dally reports to the Governor or to any of the Bums 
'Central off loes.-Se-VMaX men whoTTiav'e been wQiklng_jQn this case 
, down here have received oash payments frome. We pay nearly aU of 
them in pash money# I don't know whethey they are "paid by oheok or 
not# Mr#8earB attends to'matters of ■that kind# I have advanced sevg 
eral'of the operatives eacpense money In oash and not by oheok. We 

Usually take receipts and are ~flied l-a our off loe# .1 don^t know 

^ ---- 

ahythlng about Jimmy Wrenh in oonneotton with this oase at all. 

I do not know him. I don’^t know toythlng about George Wrenn# I have, - 

not reoeived reports, from our men-wlth-rtfereno#' to-.w-ha-t- they had - 
, done’ in this oase# ■ . ^ 

George Eppa testified In affldarlt In sttbetanoe e^s follows^* 
"I am the George W* Spa she eirore on the trial of the state of 
Georgia ra Leo M. Frank* 

"On April 86th, 1910, I llyed with my father and mother at 246 
Pox Street, city of Atlanta, and I knew Mary Phagan well. I had 
known Mary ahont a year heforw^ She died. I rode on the oar with 
her on April We reached the comer of Marietta and Poreyth 
Street;9 ahout 12 o'olook. Mary got off the oar at this plooe and 
went on down toward the National Penoll Company's piaoe of hnal- 
ness* As we were ooml^ into town on the oar, Maiy talfcwd to me, 
told me she was going down to the National Penoll Company to get 
her pay. She-also -told me that Mr. Prank had been trying to flirt 
with her and that she was afraid of him. The evldenoe that I gave 
on the trial was the truth and nothing but the truth, and I here 
and now say again that what—L swore on the trial Is the truth.. 

Soon after the ease was ended a man oame to me who said his name 
was Terry. I will desorlbe that man aa best 1 oan. He was a 
Short, Skinny, low man and always wo-re-a s our grin on -hle faoe. 

He told me when he first met me that he wanted me to take a mes¬ 
sage for him to Capitol Square and Washington Street. I took the 
message. It was to somebody by the name of Smith. I was never 
able to find this man Smith. I found a piaoe ihere somebody by 
the name of Smith lived, but I never oould find Smith. The next 
morning I reported back to Terry, or the man who oalled himself 

Terry, that I oould net find his man Smith. Terry was In front 

— of the Aragon Hotel and stopped me as I went along up_the street 
and wanted me to take another message for him. This time the 
message was to Mr. Smith again, over at the same piaoe. I took 
this message, which was a note, but I couldn't find his man again. 

- I then re^rted baok to Terry^-that-1 oould not find Smith agalm ' 

. This time I reported to Terry at the same plaee, in front of the 

Ar agon. When I reported baek this last time, this man who oalled 
himself Terry asked me If I did not want to travel with him. He 

sold he had a show company and wanted me to travel with him and- 

that 1 oould get $10.00 a week and expenses, - that I would have 

a good time. He said he was going to take some girls along with 
them. He a^d me would I go. I told ^ i would see about It. 


.. 11 

He told mo to report to him right aorooo from the Ithrary that 
night* He didn't eay anything mere; eaid he would see me again 
that night* IPhat night I reported where he said meet him, aoroee 
from the library* He told me to atand in front of the Eouee that 
Jack built* I had to watt for him. When he came, he oeme along* 
He said »let'8 walkm along,* and we walked down Gain Street , on 
out to '^'oet Harrla street and oame badk up to Peachtree Street* 

He Bald'he wanted me to go with him - said I would have a good 
time, and get to go to New Orleana and would , got out of this 
frank oaee* He kept begging me to go* He offered me $10*00 a 
week and es^enaea* I aald *Yea, 1 will go*’ He eald he would get 
me aome nloe olothea* ^ He told mo that night to meet him again 
^toe jcext^ni^rt In-front^f the Carnegie Way Plre Engine House, be¬ 
tween 7 and 8 o'olook* I met him that night, ready to go* I had 
to wait a long time* When he met me he said he couldn't get off j 
but would have to wait a wetfc - aald ho wasn't ready, oouldn't get 
his show glrle up* He told me to meet him again the next Saturday 
night In front of the Wlneooff Hotel* I went there Saturday night 
and had to wait a long time* He stood on the oomer and motioned 
for mo to oome In the daifc* He eald he was going to be ready to 
go Wednesday nl^t and would have my clothes and everything ready* 
He told me to—go ahead and woik for Mr* Miller until he got ready 
for me. He told me to keep this seoret; not to let my father e nd 
ijother or anybody know that I was going off* I dll this, end did 
n't tell my mother and father* I saw him Sunday, coming down For¬ 
syth Street, Kelly (&.W*Buxke) and-Perry were ^^ether, and they 
stopped at the oomer of Walton and Forsyth Sts*, at the corner of 
the Post Office building and Kelly loft as I came up* Wednesday 

night I met him at the oomer of Qamegle Way^d Nortk forsyth_ 

Street. He gave me aome of his old olothea and gave me one dollar 
In money and told me to go ahead and get a bath and to get ready, 
that we were going off that night at 11 o'olook and for me to meet 
him at the oomer of Forsyth and Hunter Sts* I went ahead and got 
my bath down taro ajad hgng -arouna.-aa4^ot-B om e suppe r . ^Alrabbttt"—. 
10:30 I went to the corner of Forayth and Hunter and met him there 
and he already had mf tl&et; eald we were not going to New Qr- 
^9 ^ leans but we re going te Blml nghaa* He ha d aald befor e thatjro__ 


II ti fl 

were going to New I}2le.a]iB«—Se asld to go on over to ^the Terminal 
Station - that he had some girls to get# I went o' 7 er to [the Ter¬ 
minal Station and when I got there I met a man that had on glaBses, 
who looked like a fellew I saw la Birmingham that passed off as 
Kelly. This fellow pretended-he cotild not see good and asked me 
to help him down the steps. When Kelly and I got on the train, 
Terry was alrerdy on the train and pretended to get mad beoause I 
helped this man down the steps. Terry got off the train and told 
me to stey In there - that-he wonld eatoh the train before It left; 
that he had some buslneas to attend to. I wont on in the train 
and sat down. Just as the train was pulling out of the Terminal 

Station, I saw this man Terry ho| on to the train, but he did not 
talk to me until we got nearly to Blrmln^xam., I do not know what 
beoamo of the man i*o protended to be blind and who looked like the 
Kelly I afterwards saw In Birmingham. I didn't see him after we 
got on the train. Terry then, when we got nearly to Birmingham, 
oame In and began to talk to me. Ho said he was going to stay a 
week in Birmingham with the show. He did not stay with me long; 
said he was going back to stay with the show girls. I never saw 
any show girls. — 

"When got off at Blxmlnghesi I was with Terry. When I 
got about two blooks from the station, that man that pretended to 
be blind, oame up and grabbed-me; but. he had pulled off his glasses. 

I do not say posltlrely that hQ was the same man .1 helped down tto 
steps but I think so beoause It looked ejtaotly like him. The glass¬ 
es made the difference, Terry aeked the man that grabbed me what 
his name was and why he was grabbing-me, and the man - who after¬ 
wards passed off as deteotlro Kelly - said to 0.’erry that I had stolen 
$10,00 from the Miller Minute Messenger^ervloe. Kelly said ha was 
going to take me to Jail. Terry told him not to take me to Jail; 
take me to the j^otet, “and said he would pay my erqaenses at the hotel. 

"Kelly took me to the Blimlnghemi Hotel and Terry was with 
me. After they got me up to the Birmingham Hotel In Birmingham, Ala. 

wanted to. pay my fins and to.ld Kelly he would-pay 
he would let me go. Kelly then SMild he would .call up the chief of 
deteotlTcs and aSk If .it would bo ell right to take the money. 

-l*/7,He called him up, or pretended to (sail up, -end-Kelly then said 

efter he hBcL.j)retenaed to talk orer the phone - that the detective 
ohlef Bald that wasn't the only oaee that, they had agalnet me; that 
they had me aleo for perjury In the Pbagan ease. Kelly said thS 
ohlef of deteotlvea said to. keep methere until he oame. Then both 
Kelly Terry oommended talking to me while they pretended to 

wait for tho ohlef of deteotlTee* 

"After awhile eomehofty came In that they Bald wae the ohlef of 
deteotlvea. He didn't have any unlfoim. The heet deeorlptlon I 
oan give of this man who pretended to he the ohlef of deteotlvea 
IB aa followB;Ho waa a tall man, about like Mr. Pat Oamphell, whose 
heard came down to a eSiarp point and whose mouataohe waa clipped off 
-Short. All throe of them ihen began to talk to me about the Prark 
oaae and what I had sworn on the Prahk oaae. All three of them told 
me I had awom a lie and had to oome up and tell the truth or go 
to Jail. I said I had told the truth about It. He said No, I had 
not told the truth and If I did not tell the tvuth about It, I 
would go to Jail. I aald 'I told the truth and that la all I know.' 
He aald 'You know you never came to town with Mary Phagan on the 
oar.' He said 'You know that Blaok put you up to this, and we are 
going to make It haf ior him.' He rung a bell down stairs and they 
brought writing paper and a penolland the ohlef of detectives oom- 
menoed writing, and wrote three pages and then read them over to me. 
He oommended talking to mo and told me I was going to have to aay 
this and If I didn't atlok to It, I would have to oome back to Bir¬ 
mingham and serve a sentenoe there. About thla time he aald he had 
to go home and get hla breakfast; that ho would aee me after break¬ 
fast and bring a stenographer. 

"This waa in Hevomber,,1910. I got to Birmingham about 3 
o'clock In the morning and they kept talking to me end did not let 
“me go t6~ Bleep all night. “ Terry^thoa^took me-out:-to-got. something—/ 
to eat and told^me to go ahead and atlok to this story; he waa go¬ 
ing to take mo to HeW Orleans and they could not bwthor me after 
I got out of Birmingham. Ho took,me on down ^and got me aomethlng 
to eatand brought me baok up to the Hixmlngham hotel. This time 
;the ohlef of date otlves brought' a man, a-stenographer, with him. 

I didn't say anything, but the ohlef told me to listen; that 1 wae 
going to have to say that. He said he was going to. have It eopled 

on tho typewriter and he wonld-hring it heok to me at four o'olook 
and take me to a lawyer to he sworn la on it, Mr. lEerry taken me 
dovm etalra and gave me 4^S,00 and told me to buy a clean ehlrt and 
take the rest of It and go to the JBhowe. About 3:00 I oame out of 
the Bonita Theater in Birmlngiiann and went up to my room. I was 
Bitting in tho window looking into tho street, when I saw the chief 
of dete^lvee end Mr* Kelly coming. They made a motion for me to 
oome down etalrs. They asked me vrtiere wae Terry end I told them 
I didn’t know. Then they took me over to a building I don't know 
the name of and they took me by the jail and said I was going to 
be Bwoxn in end for mt to eay that wae the truth - that li: what 
they had written on that paper. They took me to the office and 
started reading it to me, and when it wae done they made me hold 
up my right hand and swear to it, and when they got done I/Ir. Kelly 
took me baok to the^Birmlggham Hotel ^d there we met the ohief 
of detectives, and Mr. Terry was with him. Mr. Terry got me and 
we went Walking around. That night he sent me on to the hotel and 
told me to wait until ka come; that he wanted tO -see the ehow girls. 
-I went up to my room and went to sleep. I don't know when Mr. Terry 
oame in. The next morning he said he was going to move to the Em¬ 
pire hotel, and we went down stairs and turned in the key and went 
over to the Hotel Empire. He told me to go on up in the room and 
thfet he would see me later, and he give me some money. About 8;30 
Mr. Terry came baok and-took us into the oafs' which is in the Em¬ 
pire hotel and bought us some breakfast. Mr. Terry got two tel- 
- egrams and he claimed they were' from Atlanta and that the show had 
to oome baok .to Atlanta before we could go to Hew Orleans, and that 
night I got ready and we left about 3 o'olook, and we got on the 
train and oame baok to Atlanta. T/e got to Atlanta about 7 o'olook 
— .- iir the-moming:^^w ae. M r.-ferry-didn' t-rider with me allr^- 
the way,' but just before we got to liberty Springs, he gave me a ^ 
foliar and a half- and told me to go to the Gate Oity hotel and 

f . ■ 

■“^stay there and don' t let anybody see m; that ho would oome up there 
199 about IS o'olook as... I waited a long time and Mr. Tenjr 

_ 41 dn't oome until-one o'elodk, and he told me to go on bdok home 

with Mama; lhat he was eomlng out to see my folks.' He gave me a 
dollar and a half in niekles and dimes and told me to go out to the 


It r. 

foot1)all gaaa; and I didn't aae. ah 7 mer« of Ur. Terry until one 
day Just tefore I waa aryeated, and he tbld me that Mr. Kelly said. 
I had not told the truth and they wanted me to come back end tell__ 
the truth about It. I aald 'I hare done told the truth, and 1 
don't know anything about It, and. there le eome orooked work now;' 
and he left me at the oomor of Edgewood Arenue and Ivey Street 
and told me to go ahead and go baok to wozfk. 

"The reason I signed the affidavit for them In Blrmln^am vTas 
beoauee they threateAed me and I was soared end wanted to get baok 
home . They said If 1 didn't sign It I would have to go to the Bir¬ 
mingham Eeformatory, and that If 1 did sign It I would have to 
^Wok to It; that If I oame to Atlanta and ohanged It, they would 

take me baok-te-Bl-rmlngham, and that Blnnln^am would fix ma. 

"About three weeke stfter I OEune baok to Atleinta from Birming¬ 
ham, JudgeJTlndall sent me to the Reforraatoiy at Ullledgovllle on 
a oomplalnt In the Childrens' oourt. Judge Tindall said he would 
Jja willing to plaoe me oh probation, but remembering the threats 
made to me In Birmingham by the 'Chief of beteotlves* and 'Mr. 

Terry' and 'Ur. Kelly' - to take me baok to Birmingham If I did 
n't stlok to the statement they made me sign, 1 asked Judge Tln- 
da]^,l to send me to the Reformatory; I was afraid If I was placed o.n_ 
probation that when I repudiated the Birmingham affidavit and told 

how It happened, that they would take me to uirm -ingiiffiTP put m e_ 

In jail for signing the statement ovw there. 

~ "While I was In the Reformatory at MlllodgevlJie, 6a., Mr. 

Stiles Hoiklns oame over there to see me; he told Oapt. Lovvo^ 
he wanted to see me; that they he4^an affidavit whloh I had mad^ 

In Birmingham and they Wantedmo to “They said they Just 

wanted to ohango It from Blrmln^am, Ala. to Atlanta, Ga, Mr. Hop- 
- ^k-tna^^told^o-tb take one oopy^rtfie'affidavifr Tmade^iiTBirmingham 

•'•'""'"^nd he would read over the one he had oopled and see If It was the 
same one I signed In Birmingham; and I told him Yes,, thaj[ was the ^ 

■ ;;iBame one, a^d...theh'he hadVe to sign It - the typewfitten one that 

^ QQ- r. -he _ had jbjeffl»eht wlth_hlm, and after that a lawyer swore me to It, 

‘but I don't know hlsjwime. He asked me If It was the truth and I 
told him Tesi^it was truo jthat It was the same one 1 made l.n Bir¬ 
mingham; and I signed It, and Mr. Hopkins end the man who olaimed ' 

he was a lawyer, left. 

"I was brought to-Atlanta from the Refoimatory at Mllledge- 
STiftey momlng. Hay let, 1914* Slnoe coining here I have Been 
a man who was pointed out to me ae C«1f*BnxiEe» I have seen him 
twloe slnoe I oame from the Hefoimatozy. On both ocoaelone I had 
ample opportunity to see him well and to watoh him; and I am now 
prepared to say, and do eay under oath that he Is the rntm who was 
with me in Blmlngham, passing under the name of Kelly; that is the 
name the man known ae Terry called him; and It was what I called 
him, as he was Introduced to me as being Mr»'Kelly, and It was the 
name which he recognized and reeponded to* Mr. N,A.Gamer was with 
me when I saw and identified Mr. Kelly as he was coming out of the 
National Pencil Company's factory on Friday, May let, 1914. The 
man 1*0 I pointed out ^ Mr. Bamer as Mr. Kelly, got In an auto¬ 
mobile - a P*rd touring oar - and Mr. Garner told me that the name 
by which he was known In Atlanta was C. W. Burke. 

"Ylhen they had me up In the room In Birmingham all three of 
these men got me over In the oomer right at the window and pulled 
down the shades. They oursed John Black, olty detective of Atlanta; 
they talked to me entirely about the evidence that I had given on 

the Prank oase and Insisted that I should change It and would not 

lot me hardly say anything to them. They tiaked low, but I was 

afraid; I am now Just 16 years old. 

"I have read over the above affidavit and it Is all true, 
andr^-ha vs-pla oed my name on eaoh and every page thereof after 
having read It." 

Another affidavit of GeorgeW. Epps, In whloh he testifies 
in substanoe as f ollows; _—=- 

"I met Jinmie Wrenn for the first time at the oomer of 

Auburn Avenue and Peaohtree Street, and not at Miller's Meesanger - 
Service, but four blooke away, or about that. 

"Wrenh did not dlsouss the Frank oase with witness oasually 
^ otherwise ln.Ataaatflh*ut^ Aeooyed wltnoss out of the city and out 
of the state to dlsouss it with him. 

" Vltness did not state to Jimmie Wrenn (as O.W.Burke swears 
Jlranle Wrenn reported to hto) that-the^estimony witnesB had give n 

Leo M.yraidc ease was in msa t payt n. ^nivr ” 


: I 

did wltneaB tell Wrezm he had told some lleB;nor that witness had 

been made to tell the lies by deteotire John Blaolc» ffltnesa did 
not tell Wrenn that he wee going to take a hobo trip; that he was 
In bad with the-B^robatien-of jH.o«r«nd laie^are^e^tiVel ana that wit-~ 
' ness was afraid of John Blaok. Witness did not promise to make any 

affidavit for Wrenn anywhere or say that ho wee afraid to make an 
affidavit in Atlanta* - 

*'Eaoh and every statement oharged by Burke in hie affidavit 
of May 5th, 1914 as having boon made by deponent to Jimmie Wrenn 
in Atlanta, is absolutely and un^allfledly false* And if Jimmie 
Wrenn made these statements to 0* W* Burke as oomlng from jtsj p sHsjit 
witness, said Jlmanle Wrenn was "stuffing” said Burke with falsehoods 
which hei^ the said Wrenn, manufactured. Witness's affidavit given 
to Hugh M.Dorsey, Solloltor and sworn to and subscribed before an 
offloer on Monday, 'Kay'ife, 1914, is a true statement of witness’s 
dealings with Jimmie Wrenn* 

John H. Blaok testifies in affidavit in substanee as-fal¬ 


- ?’On the first day of the Coroner's invaetlgatlon into the 
death of Mary Bhagau, Mr. J.W.Coloman, step father of said Mary 
Phagan, told me about 2:20 o'clock in the aftemoon that there was 
a boy doTRi in the lobby of the station house who had told him on 
Sunday and Monday nights that he had gone to town with Mary Phagan 
on''Saturday, April 26th, 1913, end that this boy told him he sat on 
the same seat with Mary. Mr* Coleman ^Iso stated to'me that this 
boy-down in the lobby had 'described to him Marj's leaving the car 
at JIarietta and Porsyth streets, her going south along Porsyth St. 
toward the national Penoll Padtory, her conversation in which she 
told him she was afraid of Leo U.Prenk, eto* 


boy 1^0 was George Epps, later a witness in this case, - and George 
Epps admitted to witness the t h in gs Mr* Oelecan had oonmunioated 
_—^ —to witnesa* George made a statement to witness embodying what he 

later testified in the case* Witness oalled •too coroner out and 
^80^ repeatedr^-the-same bhingB-^'tO'hlBr*- " 

/ I 

"The nezrt I heard of eald George Epps Was the nert day 

i - 

When George oalled me up by phone and aaikeditte^bo'con^to the Spring 

Bea Company*■ place, ^ere he irae woiking. Jhla w ae. ont o n.Jonan-. 
Avenne. I went to hie plaee in oonpany with Hr. Hervy Soott. Said 
George Eppe oosnmnioateA certain names to na with the statement 
that these parties could fumieh us information on the case. He 
volunteered to go with us, stating that he oould .carry us to these 
parties, and wo aoeepted his offer to go; and we three went out to 
gether to look up these parties. 

"I never was in Mr. Dorsey’s offioe with George Epps be¬ 
fore the-trial-,-as-l-had been detailed by Chief lanford to work 
with Scott of the Pinkertons and report to Starnes and Campbell 
what we might loam. It not being my duty to report to Mr. Dorsey 
at that time, I did not go about his offioe. Furthezmore, witness 
never did, at the station house, in the Solloltor General's offioe 
or elsewhere dlreot, tell or suggest to George Epps That he should 
swear in this case. And any statement or insinuation by anyone 
whomsoever to that effect is utterly false. 

"Regarding the alleged statement of Epps that y/ltness 
put a statement in his mouth to fit the Jim Conley situation, - 
this is false and oould not have been true because George Epps 
made his first statement-before witness knew anything of Jim Con¬ 
ley in the oasOf Jim not having been arrested when George first 
made his statement to witnesB.” 

J. W. Coleman.testified by affidavit in substanoe as 


"iThat the statements in the above affj.davlt of John R. 
Blaok are true, in so far as they relate to things done and said 
by this witness." 

H. A. Garner testifies by .affidavit in substtmoe as 



"I the affidavit of George Epps, Jr.; I am 
the R.A.Gamer referred to in his affidavit. I was with George 
' Epps Jr. when he pointed out a man as having passed in Bir¬ 
mingham, Ala. under the name of Kelly. I am personally aoquaint- 
^ - ed with the -aui pointed out by- saiA-George Epps and khow -the man- 
to be C.W.Burke who has been workii^ on the Prank case. I was also 

with George Epps and oity. deteotlrve' S.L.Rosser when- 

-• _ 

Epps pointed out a man by the^name of beii^ the man 

J L* II 

i » 

who repreBonted hlmaolf to ho the- ohlof ^deteotlvoB in Blnnlngham, 
Ala*, as referred to in the affidavit of said Bppe attaohed. I am 
personally acquainted with Bald Bernard and knownthat the men point¬ 
ed out hy said Bppe ae theohlef.of deteotlveB of Binn Ingham le B. 
Bernard of Atlanta, Cra*" 

R. P* Barrett toBtlflea hy affidavit in Buhetanoo as 


"My name is R*P.Barrett. I live at B49 West Worth Avenue 
in the olty of Atlanta; I worked for the Rational Penoll Faotory 
about four years in all;! tob in the employ of said oempany in 
April, 1913 and at the time of the murder of Mary Phagen; I was 
a witness for the state o n the trial .of leo M.Prank charged with 
the murder of Mary Phagan* 

"I amvrell acquainted with Jhanle Wrenn, he having work¬ 
ed in the machine Shop of the Hatlonal Penoll Paotory at the same 
■time I was in their employ* 

"On a Sunday morning not long after the trial of Leo M* 
Prank, Jimmie Wrenn met up wltjx me at or near the comer of Mar¬ 
ietta and Poreyth Streets and entered into a conversation with me 
about the Prank case* Wo walked down Forsyth Street to the cor¬ 
ner of Trinity Avenue and Btopped~there for a llttSle while. Just 
before we separated, Jimmie said to mo 'Barrett, you are in a good 
position to make a barrel of money if you will go to Hew Orleans 
and change your etatoment in the Prank case*' I asked him; 'What 
do you want me to do?' and he replied, 'I want you to go to Hew 
Orleans and change your statement in the J*'rarik ease.' I said 'Jim¬ 
mie, whom are you wolfing for?' And ho replied "Por Mr* Burice* 

I did not then know Mr* Burice or what Mr* Burke he had reference_ 


"to* Before I left him, h «~said "Barrett - If you donit wa^to~dQ- 
this, don't tell anybody* . If you do, toll me,first and give mo a 
ohance to leave town.' We were together there only a short tlM 
after this, and I loft- him... Pretty soon after this conversation 
at the comer of Forsyth street and Trinity Avenue, Jimmie Wrenn — 
came out to my house early one morning* I was Just leaving home 
and had walked down towffrd the carlltta. Jimmie called me,_ and I __ 

n t, 

Halted for him* He oane up tod said ’Barrett, you haven’t eald 
anything to anybody about that yet, hare you? I told him Ho. He - 
then Bald ’Well, don't tell anybody about It; but If you do, let 
me know before you tell, ao I oan leave town.' I probably eald 
'Allright’ - I do not reoall poBltlvely. 

'^'ihis TOB the last of the matter between Jimmie and me \mtll 
JuBt before or about the time the tSupretne Court rendered Ite de- 
olalto In the leo M.^rank oase. Early In 1914 - I think it was 
in February - Jlnnle Wrenn met me In the poet offloe-ln Atlanta. 

He aeked me If I wouldn’t like to mctke $4.00 a day for about 6 
daye-and my eispenaes to Hew Orleans and return. I aEked him wl»t 
to do. He replied-he-wars~woIking for a prees agent from Chloago 
who was going to write a book on the Prank trial; that this man, 
the prees agent, wanted to get~a statement from every wltnese who 
testified at the trial. I told Jlnnle I would go and he eald 
for me to meet hlmat the lermlnal station at 3j30 P.M. the follow¬ 
ing Saturday afternoon, which was the next day. He said he would 
have pa sees for us. Aooordlng to my promise, I met him at the 
Terminal station the next day at 5:30 o’clock In the afternoon, 
and he ^owed me two pasBee to Hew Orleans and return. 1 told 
him I would have to go home, first before I oould get off. He 
handed ifte a one dollar bill saying 'Here's a dollar for oar fare. 
Hurry bank.’' 

"Instead of golpg home, I went to Solicitor General Dor¬ 
sey' s office to repant this to him, but he was out~of the city, 

I was told. I e^ve the Information to Mr. E.A.Stephene, an as¬ 
sistant to Mr. Dorsey, too advised ine not to go to How Orleans. 

He advleed me to delay the trip and talk It over with Mr. Dor¬ 


sey on hlB return. 

"When I went badk to Jimmie at the oomer of Madison Ave¬ 
nue tod Mitchell Street,, we walked down to Whitehall and Mitchell. 
I told .him I oould not go. He said 'Hell, if you are soared, Mr/ 
Kelly will be In Atlanta .Monday and I will aerry ynw avownfl iia 
the Kimball House to see. him, at Z o’clock in the a'fternoon.' • 

Mr. Kelly was the ntoo of ’ the .man he maid was the press agent i 

from .Chicago. ’ 

Fonrtli national Baak oomer at 

"I met Jlufflo at the ^await 
1:30 Monday afternoon and he said we were thlrjy minAtoa too early. 
That Mr. Kelly would not he there toitil B o'clock. We waited 
around until B o'clock end went up to the Kimball Houee to a room 
the number of whloh I do not reoall. Jlniale knocked at the door 
a n d a niAw i did not-know-opened the door and Inrlted ue in. After 
we got Inside Jlnmle Introduced the man to me as Mr. Kelly from 
Chicago. This man asked me to hare a seat and told me he was a 
press agent and that he wanted a statement from all of the state's 
wltnesBea'ln the Prank ease. I told him to go to,^he courthouse 
and ho could get my statement.. He said that would not do, It 
would have to oo«ne from the witness's own mouth and have his own 
signature to It before his house would reoelre It. 

"During the oonrersatlon, h^said 'Barrett - what dp you 
do?J I told him I was a machinist, He sayi 'I have a brother who 
is the master mechanic at the Scuthem Ballroad shops; I might get 
you e good Job at Hutcherson, Kansas. I know the people there. He 
asked me If I was a married nan, and I told him I was. He said 
'Barrett, do you know that I am the man who caught the murderer 
of Pearl Bryant, In Hew Castle, Pa?' 

"In discussing the bipod spots which I testified I found dn 
the Pencil factory, he said:, 'When you found that spot it was only 
a iriiite spot.' He asked ike if that wasn't all I knew about it. I 
told him that when I found It, the white spot was mixed with blood 
and he replied 'I didn't know that.'. 

"He tried to keep It uppermost in my mind that he was' writ- 
-^ng- a-boOk-and: he said 'If you let me win Ihis point you will be 

regarded with enouj^i money to get you a handsome house and lot.' 


Just white spots or had^boen mixed with the white. 

"This nan said to me- 'Barrett, I believe you think I'm try¬ 
ing to trldk you.' Ho added 'If I were to put down a lie and send 

it to my housp they would write back down here and say 'Buiko, what 

in the Hei’l —-—'V®eh he stopped without “ftnlshlng tho son- 

tenos., for ho saw ho had given himself awayi 1 thought I was 
diking to a Mr. Kelly from Ohloago, but I afterwards found out 
that this man O.W.Burfco, formerly a special officer, f or the South -■ 

. ki H 9i 

em Redlroal. 


"It was gattlng late by this tine so I told him I wotdd 
have to go as I had^'oenb^bUBlneae I muet attend to. fie had been 
writing irtille we were talking. When I wae about to go he aeked 
me to read over what he had. wadtten and If I found anything In 
it I didn't like to make a ohedk mark by It. I eald I didn't 
care to do It, but he pleaded with me to Juet elt down and read 
it over and oheok off the part I didn't like. I told him he could 
write down all he liked and oheok off what he pleaced but that I 
would oheok nothing off. I then left him after promlalng to see 
him next day, whloh /however, I did not do. , 

"'The above la a true etatem^'oTY'^tB that transpired 
and ooBveraatlone that took place between Jimmie Wrenn and me 
and also between O.W.Burke (the man Intrq^oed to me ae Mr. Kelly) 

and me. During the oonvereatlon In the Kimball Houae^Between 
Burke and me, Jimmie Wrenn was in and out the room,, doming and go-— 
Ing aa ho pleased. Ho seemed to be thoroughly aooualnted with 
'Mr. Kelly* aa he called Burke, appearing to be quite Intimate 
end oonfldentlal with him. 

"The following week after the murder of Mary Phagan, Mr. 
Doraey or aomeone -had an electrician to run electric llghte down 
In the baaement of the pencil factory and a very thorough aearoh 
was mode In the baaement for anything that would throw light on 
the murder. Thoae down there were hun ting for any clue a that 
might be found. There were In the crowd Mr. Doraey, a stranger 
whom I did not know, but underetood wea a detective, - Mr. Pat" 
Campbell, Mr. E.A.Sty)henB, Mr. Plennle Minor, Mr. Dan Coodlln, 

Mr. N.A.Gamer and I think, eeveral olty offloers. Every nook and 
ooTuer of that baaement-was eearohed, ev&ry box etnd bf-rrel moved 
and every bit of the trash moved. There was not a book or soratoh 
Rdr—dhwa—there that-we—aaw-or^ -foundT^lfaBter paper and trash, when 
oarrled to the baBement was always piled In front of the furnace 
and kept there until It waa burned Injtoe fuinaoe. It waa oon- 
Btantly burned every week, and there was no aooumulatlOn of pai>sr— 
^nd blank* books or other kinds of books down there. 

"Beoker left there In January, 1918, 1 think. 'l understood 


n a 

N.A.Gamer testifieB by affidavit in sabatanoe ae follows: 

"I am personally aoqtialBted with W,W,Rogers, otherwlee known 
as 'Boots’ Rogers. On April 28th, 1^914, I had a talk with Boots 
Rogers and aaked hlnmho the other Kogere was that was working 
for Bums and he said Bnms had no other Rogers In the oity of 
Atlanta. He admitted that he was now in the employ of Bums. He 
also stated that he had not ohanged or modified in any respect 
hie evidence as given on the stand and It waa the truth and noth¬ 
ing but the trutji and he would repeat It again* 

"Some time along in the^early part of the year 1914, probably 
about th e month of Februeiy, 1914, I saw R.P.Barrett some to the 
offloe of Hugh M.Dorsey, Solicitor General. The Solicitor General 

was not present. I was direoted by the Assistant Solicitor Gen¬ 
eral E.A.^tephanB to follow said Barrett. I followed said Bar¬ 
rett and saw him meet jlmmie Wrenn, a man k^dwn to me personally, 
and the brother of George Wrenn who was oomvioted in the Superior 
court of a $50,000 theft^of-jdiamonds.—I—eaw-Barrett and Wrenn 
both at Sig Samuels' beer saloon on Mitchell Street, between Broad 
and Forsyth. Wreim had a grip. They stood there and talked ^while. 
I am personally acquainted with both of these Wrenn boys and know 
that they are brothers." 

S.L.Rosser testlfiea by affidavit in substance as follows: 

"On Tuesday moming, April 28th, 1914, while at work on in¬ 
vestigating witnesses with reference to the extraoiflinary motion 

of loo M.Frank, I was in search of a negro_by_the name of Frarik — 
Reese. I found said Frank Reese in an alley running from Hunter ' 
street between Frazier md Terry Streets, known as Kingley’s Alley. 

I had inform 

Lon that Frank Reese lived In the first house lead- 

Htreet^ and as I turned in the alley and started_ 

towards this h^se on the right I looked at the end of a little 
blaeksmith shop or old building of some kind on the left,, and 
there stopd Georgs Wrenn, Prank Reese and Ban Goodlin standing 
close together in conversation. I know Geofge Wrenn, the n»n 
donvioted of a f^,000 theft-of—diamonds and idio has Just flnlsh- 
208 a sbntenoe in the Fulton county Jail therefor. He was 

; oonmonly known among the inmates of the Jail as 'Br. Wrenn.* 

^ II r. 

this salA. George Wrean or Sr* Wre^ being the brother of Jlnmle 
Wrenn„ - ealA Jimmie Wrena being the man v^o has been esBisting 
C.W.Buxke, - Bald 0*W*Baxke being a vitnees signing the affidavit 
of O.Bnrtis Sal ton in Florida and,, the notary pubillo purporting to 
attest what purports to be an'iiffidavit_frpm an old negro .woman 
by the name of JftiJT; Rleh*". ' ’ 

San VI, Goodlin, Jr* testifies by affidavit In substanoe as 

"On JJaeaday the HSth of April, 1914, I went in oompany with 
Charles Slgjels^ whoa I had arrested on a warrant from the Munlbl- 
pal court of Atlanta, to the vloinity of Butler street and Fra¬ 

ser street. Ve went there to look for a man who had agreed to go 
on Sigels' bond. We found the man we were looking for and all 
three of us stepped into a blacksmith's shop to fix up the bond. 
Just as Z oame out Z s^ a yoxing negro boy by the niokname of 
"Feavine", - and he said ’You soared me'; I thought you wua cornin' 
after me.' And then I said;'Where do you live?' He pointed to 
where he lived. I then said 'Well, I'll know where to come when 
I want you.' George Wrenn had been standing nearby, in front of 
Feavlne's house. Jtist then he oame up to me and asked me some- 
- thing about how the sheriff's race was oomlng. About that time 
Bass Bosser walked up. There was no ooi.versatlon at all between 
myself and George Wrenn or Feavlne about the Frank case or any¬ 
thing connected with it. We Just had a few oastial-words oomversa- 

George W. Epps,Jr. testlfioe by affidavit in substance os 
follows! ' 

"I am-the George Epps who testified In the trial of the 
case of the State of Georgia vs leo M.Frarik. Since signing an 

mlnghaa, Ala*, I have seen on the street the wa” who took me 
from Atlanta, Ga* to Birmln,e^aa, and who passed with me under the 
name of Terry. I picked him out on the street at a bootblack 
stand near the comer of Hunter and South Pryor Streets. I spoke 
to h i m and-h»^apofce^-tc^iB»*--‘-I-eal-ledr-hin-mr* -TeM^r*-*- - J am- po-— 
sitive that he is the'man* I never knew him under any other name 
2QQ —exce pt t he name Terry*~l!r* E»A«GameT was with me at the tlmV I 

saw h^ and add ressed the nan ae Jimmie wrenn, and Terry, adced: ' 

U t. . 

•What 414 you call M, KellyT' I Bal4 *Ho, I 414n't obll you 
Kelly; I oallel you Te riy - the name yoa.gaa.e me»4" 

7re4 PerKereon toetlflea by affl4aTlt In Bubetanoe ae follove: 

"Uy name la Pre4 Pexfceraon* I am employe4 by Mr. J.J.Woo4Bl4e 
About the latter part oi the aninmer of 1913, I wae eentenoel to 

eerre a term In Pulton county Jail for 4ruhkettnoBB on the phk pub- 

llo hl^vay an4 I BerTe4 thle aentenoe at the oouuty Jail en4 for 
praotloally this entire.time I vm allowed the free4om of the Jail 
ae a Jail truaty, ae the prlBonera-serving sentenoes are uBe4 to 
4o 'the labor aroun4 the Jail. 

_ "iChere w as alag-a whit e pr l bo ner se ry ln g a Jall-sentenae whom 

the prlBonera knew as Dr. Wrenn, us he helpe4 the oounty physician 
an4 gave the slok medldlnea an4 looke4 after them T di e n tho oounty 
phyalolan *aa not present at the_Jail. 1 have_seen several of 
his brothers visit him at the oounty Jail .but their names I do not 
know. I have Bhlne4 their Shoes for them when they visited him 
at the Jail. I have aeon Jewish friends of Ur. Frank give Dr. Wrenn 
olgara and buy him drlidcB and I have oarrjked papers from the Jail 
offlee up to Mr. Frank, and Dr. ffrenn would sometimes request me to 
aSk Mr. Frank to let him have some of the papers to read, when Mr. 
Fraxik got throu^ reading them, and I have told Ur. Frank of this 
rsq.uest of Dr. Wrenn and have carried some of the papers from Mr. 
Frank's oell to Dr. wrenn* 

"While I was there I often carried meals to Oonley's cell' 
and also cleaned up his eell for him. Dr. Wrenn has talked to me 
and Frank Reese, who was also serving a Jail sentence end who was 
also a trusty and idio had aeoess to Oonley's oell and who helped 
clean up his eell at times. Dr. Wrenn would talk to us usually 


~when-Deputy aillelw^ would g^ to the fro'nt to get-his dlLnner.- 
Dr. wrenn told us that we had good ohanee to make some money. 

He said that both of us eould go Into Oonley's sell wing together 
and then come out and say Oonley had eonfesse^ to us that he had 
klllsd the girl. He told us that we oould get lota of money for 
thls7~-~that 'the. Jews ‘would'pay ub '^well If we would^ this. “Es 
told us that we would giet out of Jail after Ohrlstmas at the end 
of our Jail sentenoes and that we would have no money and that 
this wa Jjpur. ol^eS te ’get some money. 

Jt M fi 

\ V "Bo^ of UB tol4 hia WB wouldn’t _ao this; ha etated that Conlay 

waB not any relation to ua. Ha, Bald-all you want le tha money Tdien 
you get out* Be said ha would aoon he out amoklng good olgare and 

-We'would he hrolfe* ni?aBonhar ha talkad-to ma afr-loBBt a half doaen 

times about thla, aonotlmaa talking to me hy myaelf and Bometlmoa 
to ReaBe and myaelf* 

"1 remember at one time Dr. Wrann was talking to Oonley in tha 
presence of myself and Reeae, and he told Oonley the thing for him 
to do when ha got his Bontanoe was for him to take the murder on him 
self and in this way free Hr. Prank. He told Oonley that he would 
only get about 6 or months soatanea and maybe that in Jail and 
that ha could never bo triod._again and that if he would take this 
murder on himself, that Mr. Prrnk would go free and that Conley 
would gat a lot of money for it and that he could never be tried for 
It. Oonley daollnad to do this. Dr. Wrenn was in Oonley 'b cell wing 
very often. 1 have been looking for him at timea to get medicines 
for Bome sick isotnooi prisoner and find him in Conley's cell. 


"1 told Dr. Wrann finally when he kept on after me to tell 
that Oonley had oonfeasad to me that 1 didn't aea idiy Dr* Wrenn did 
n'tdo this hlmaelf; 1 told Dr. Wrenn that he had as much opportunity 
ae I had to go la Oonley*e aall'and ha could swear that Conley had 
confessed to him as well as I could that ha had oonfessed to me. Dr. 
Wre nn replied: 'You're a damn fool »» I am not going to get mixed in 
it.' I told him 1 wotadn't get mixed in It either. He said 'You 
'negroes ere damn fools; whan you get out, money will be brief; when 
1 get out everybody will have money." 

"I knew Axinle Maud Carter; she was a prisoner and was turned 
loose on the run around or round the Jail as a trusty by deputy 
Roberta to wash olothea and olean up the hoBfpital* Her work was on 
the fifth or h flapitfil floor and in the laundry, on the 4th floor. 

She was turned loose every moxhing byJ)eputy Roberta'and She we.s look¬ 
ed up by Deputy Allan lAian ha oame on duty every day about ZtSO p.U. 
iDeputy Roberts had charge of the oleaning up of the Jail, and' the- 
laundry work and Annfte Maud Carter was undr r hie control,and dlreo- 
.^tion until 0:80 idien Deputy Allen same In and ahe was then looked [ 



"X have seen Dr. Wrenn and Annie Maud Carter talking together 
Just in the si^e aianner aa' hb hhd talked to nx na. Z oould not hear 

fffaat weiB saia between tben* I bare seen tben talking together a 
gooA many tinea* Sr* vrenn roene& la the hospital vAiere Annie Uatid 
Garter oleaned np, and tbe nedloine roen was also on the fifth 
floor, and it was in this nedloine roon v^ere Annie Hand Garter 
did her ironing* She did the waeihlng for Sr* Wrran* 

"I saw Annie Uand Garter start into Gonley's oell wing one day 
and we oalled to her and told her riie would be looked up.if she went 
' in thexw and she stopped at the door and talked to him* I never 
saw Annie Hand Garter go into the oell wing of Gonley* " 

Urs* George V* Jeffaraon testifies by affidarlt in sfabstanoe 
as follows: 

"I am woiking for the UoGlelland Bakery oon^ny on Ennter Street* 
I was in attandanoe as a witness on the trial of the State vs Frank 
for S weeks and went on the stand on Ihnrsday* 

"On Monday after ttie trial I went baok to the Penoil Factory 
and went up to see my forelady and She told me they had given my 
machine away* And I went to see Hr* Parley,- end Mr* Parley said 
that he did not understand that the firm Intended to lay me off 
but that he thought I misoonstmed the thing and didn't tell the 
truth and would rather I would go baok to Mr* Dorsey and say that 
I swore an untruth about the strings at the factory end about.the 
blood spots oh the floor* I told him I oould not do that - that! 
had sworn the truth and nothing but the truth. He- gave me baok my ' 
job on !Duesday and I went baok to woifc* 

"As I swore on the stand, the. strings with which penoils were 
tied were always kept in the~poliBh room, but the morning I went baok 
to work after the trial, Mr* Parley oalled my attention to strings 
hanging around in the metalrroem and all around in the building and 
I said I never had seen any strings in there before, and Mr* Parley 
said : *Well, they had been th1ere~and 1 probably never notloed them*. 
But I never had seen any strings before exeq?t in the polish room, ^ 
fhere a few were kept* \ 

"My forelady Mary Fiik also -insisted that I had not told the 
truth on -the stand, and tried to get me to, state that the stains 


might.have been paint spilled -there by some of the girls, > but' I 
stated to her, as I swore on the stand, that paint had never been. > 

earried into the metal roesi that lever-saw, and-Ifiad been. therr .WW # 

yewi* - 


11 - • 

"When I went to Ur* Soraoy'e of floe to have my autpoeua aign- 

ed BO that I oopld get my money ^ this helng on Saturday after the 
trial •• Mr* Soraey. stated to me that people all over the etate had 
been sending him pro dues of different hinds, - tomatoes, melons, 
oorn,. eto*^; he-Jiad a aalte there th at aemeone had sent him and aek- 
ed me if I would lihe to have some, and gave me the oake irhioh I 
ate and found to he vexy nice indeed, and enjoyed* 

"After I went haok to work, the Fenoll Factory people let me 
alone for three or four wedcs, after I had refused to ohange my 
testimony, until''Just after Christmae Mr* Burke oame to me and 
wanted me to sign an affidavit. I told him that what I swore on 
the stand was the truth and I would stldk to it* He said 'Mrs. 
Jefferson, would you ahaw« "that that hlood oould have been on the 
floor on Friday before Mazy was killed?' And I says; 'No, I couldn't 
swear that ^ couldn't erwear anything about it beoause I never had 
seen it there before; but I oould swear I saw it lliere on Monday 
mozning after she was killed*' He says: 'The alleged blood spots 
oould have beenthere on Fzlday?' And 1 said:'If they were there I 
_ didn't see then, but 1 couldn't swear that they were there or were 


not there; but I did see them Monday*' He said that that paper 
was only a statement for the offloe of Rosser and Arnold but wasn't 
an affidavit, and I signed it. I said that I didn't want to sign 
it if it would get me in any trouble, and Burke saldt'V.'hy, you 
wouldn't mind signing it if it would help Mr* Frank and help you 
keep your Job, would you?' I understood that the paper had in it 
) Just what is related above* 

"IThen Mr* Buzke was talking to me ke laid a great deal of em¬ 
phasis on the oake Mr* Dorsey had given me, and asked me if I knew 
Mr* Dorsey intimately; was I very intimate with him, -and I told him 
~— -BO indee&^-^hat -I-had-never'seeu-him-kefa^ the trial but^dnoa and 
that I only knew him in oonneotlon with the trial* 

"I didr not swear to this paper whioh 1 signed but merely, thinklnli it was only a statement* 

"On the lyth of ?ebzna.xy, after Mr* Fzknk dldn* t get a new 
trial, - I was laid off, Mali Stanford, who testified for the 
state, was also lai d off some little time before I was* 

21Q • "Last Monday afternoon 1&, Dan Lshon also oame to see me. 

and told me he hnd an aMldavlt he wanted to get me to sign for 
anentraorairffTy'm<rtlOT"f5r new trials —f aald: '■•■Wait-a minute; i 
don't Blgn anythin unleaa I /^read It.' It didn't read like I said 
It and I wouldn't Blgn It. I told him I didn't sign anything I did 
n't know ^diat I was algnlng. Ho aakod me If I wanted to eeo Mr. 

Frank hang. I tpld him If he wT'B innooent I didn't, but If he was 
guilty, I did. I was bo mad I wouldn't talk to him any more. " 

■—^ Mrs. H.W. EdmondBon teatifiee by affidavit in Bubstanoe as 


"In reference to ^ho evidence of Mr. ff.J.Bums before the 
court in Saturday, May 2nd, 1914 In which he claimed amonget other 
things, that my daughter Monteen -had failed to interview him a±_any - 
time, iB untrue. Mre< leo-M. Frank oame to my home in company with 
Habbi Marx, and arranged an interview betwe^ my“dau^ter'Mohteen and' 
Mr. W.J.Bume for four o'clock that same afternoon; end at four o'¬ 
clock Mre. Frank, Rabbi Marx end v/.J.Buma came to our hoBBe. My 
daiighter Monteen and myself were preeent at the • interview. Mr. Bums 
apologised to Monteen for the treatment she had reoelved at ^r. Sam» 
uel Boorstelu's offi'oe and said he had nothing whatever to do with 
it; Bald he was called over there after ehe got there. He told Mon- 
teen that he wanted her to tell him Just how she went to the factory 
and back and Bhe replied that she had already told it and if he want¬ 
ed to Bee it, to go to Mr. Dorsey' b office and he would show it to 
him.This made Mr. Bums very mad beoauBo Monteen would not go over 
the ocourrenoes for him, and he timed luid spoke to Mrs. Frank and 
said 'You are an unfortunate woman;' you are up against it; you will 
have to wear the theofflil it might ae well be you as anybody.'_ 

"When Mrs. Frank was here in the morning, ehe told me that 
a lot of people oenBured her for not going to see Mr. Frank at first 
but-Sbe-»ld the-reaBon she didn't -gn-was -on_ao.acmnt of. f^lly af¬ 

"When Honteen told Mr. Bums he could go to Mr. Dorsey's of¬ 
fice and see what she eeid at the trial, Mr. Bums eaid; 'Are you 
sure he will let me read it?' and I said 'Ho, sir, I am not sure, hut- 
1 'sup^Be^Se wTH^ i w ^ ^ = - — 

Mrs. H.W.EdmondsoB testiflcB by affidavit in Bubetanoe 

II r. 


"About three meke age on Friday before Mr. Bume went to New 
York on hie laet- trip, Mr. Samuel Booretein, a lawyer, eent for my 
daughter Monteen, to oome to hie office. He eald he Just wanted 
her to make the Bame etatement to him that she made on the stand at 
the trial of leo M.Frank; that he did not hear the evidence then 
and had not heard It and he wanted to hear her statement personally \ 
because he felt,a great Interest In the case and beoause he was a 
friend of the family, Mr. Edmondson thought he was a friend to us 
all, v/e oonsented Just beoause of that friendship end asked Mr. 
B o o rs tedn-If there would be anyone else there, and he gave me his 
- word of honor that no one^would be there except ua, so I decided to 
let her go up there, and 1 went with her; and Mr. Edmondson went 
with us. It was about 18 o'clobk noon when we left home and we 

went right to his office and there was no one la his office when 
we got there - not even Mr. Booretein himself; but he came In a few 
mlnute8_lator, and the first question he asked Monteen was 'If she 
had ever been any.' Then he went on and asked her a thou 
sand questions, some of them relating to the case and some of them 
dldn t touoh it. He asked all about the boarding house I^was running 

and he asked Monteen 'If she didn't go to the pencil factory that 
Saturday-for some other purpose than Just to get her money.' We were 
In Mr. Booretein's private office end we had been there for a long 

^me, and I told Mr. Booretein I would have to go home; that It was 
time I was goin g home , and then Mr. Booretein asked iis not to go 

*then - to wait awhile end to have an Ice cream stda or something; and 
■we talksjl on for a few minutes, and Mp, Edmondson spoke up and said 
I would have to ^ home and that seemed to hurry Mr. Booretein and 
he oommenoed asking questions Just to hold us, and.In a minute or 

II r. 



and told her that Uontean would eone out too; and I opened the door 
and got-Uonteen. and we eone on out of the office, and Mr. Booreteln 
ran out and followed ue to the elevator and Inelated on having Mon 
teen oomo hahk and that girl followed us out there and said 'Come 
hack; you don't have to answer any ouestlonB If you don't want to.’ 
And I oaught the elevator rnd oome on down and In a few minutes Mr. 
Edmondson oauj^t up with us and we went on home. Nobody said any¬ 
thing to ue outside of the office ewoept Mr. Boorsteln and that 
lady In the offloe but there were half a doeen or more men out 
there, but I didn't know them; and there were two men In Mr. Boor- 
stein's outer office who were newspaper men. !Chere was no one In 
^he^private offloe except Mr. Boorsteln, Mr. Bums, Mr. Herberf 
Haast Mr. Edmondson, Monteen and myself and Mr. Ba ugln ." 

Monteen Stover by affldavl!, testified that the facts stated 
by Mrs. H.W.Edmondson were txue* 

Mr. H. W. Edmondson by affidavit, testified to the same faots 
as Mrs. H.W.Ednondeon, and In addition thatiafter m'y wife and 
daughter left Mr. Boomteln's offloe, Mr. Boorsteln, Mr. Bums, Mr. • 
Herbert Haas, Mr. Bauzln and myself were In the offloe and Mr. Bums 
says to me 'Bo you believe Honteen went to the faotoiy that day?' 

And I said 'Yes, sir; 1 know she went.' And-Ur. Bums replied: 

'She didn't go to the faotoiy and I have evidence to prove that she 
didn't.' And I thought and believe yet that he said that to draw 
me out to say something -against Frank, end I Just composed myself 
and let It go at that and went on eut of the offloe and oaught up 
with my.wife and daughter euid oome on hone; and I haven't seen Mr. 
Bums slnoe.. This happened on the I’rlday befofe Mr. Bums went to 
Hew Yoik, about S weeks ago." 

0. A. Isoa testifies by affidavit In substanoe as followai 

"Some tine about the latter part of March or the first of 
April, 1914 I met O.y.Burige. Burke was at'woik on .the case-of the 
State vs Xeo M.Frank. He adced me to. try to locate ~a negro by the 
'name of Mark Wilson and also anolher negro by th e name, of william 

these negroes Wilson and Whatley were working at the time Mary Fhag^ 
216 ^ livery stable next door to the Hatlenal Pencil 

, pany's plaoe of buelBe ss he wanted^ sh ew b y them thatjthey 


heard a girl erylng In the Vatienal Penoil Oompany’e plaoe of bu-— 
'slneBB about 2:00 o’oleek In the afternoon, In the baeoment* He 


said that they wanted to find William Calhoun to show by him that 
the deteotivee had h im d own at the station houea to talk with Jim - 

Conley* He.said that Conley etated to the deteotlyee that he oould 
Bhow by Calhoun that he didn't pull the staple on the baeement 
door at the baeement of the faotcny~and that If the deteotlyee 
found Calhoun and had hli|.dewn there and confronted him and Conley, 
that Calhoun would swear that he, Jim Conley, did not pull the sta¬ 
ple* !Ehe deteotlyee, said Burke, got Calhoun and had him down, 
but Calhoun stated that he did not Icnow Conley. Bniker said that 
Calhoun might know a idiole lot and he wanted to get hold of him. 

Burke promised to pay me end did pay me i ^il e t r ying to l ocate-“ 

these negroee - three dollars a day. I found out and reported 
that Mark wlleou had gone_to Tlrglnla. I found out at the home of 
William Calhoun that he was at 4S38 Wabash Ayenua, Chloago. 1 fotmd 
that Whatley had been In the ohalngang. I went to the ohalngang 
and found that he had Just gotten out, which I reported to Burke, 
and then I dlsooyered that he had been Hying in Boyers Alley in 
Atlanta; and then I dropped that part of the inyestigation. 

"I'am personally acquainted with one Jfm Wrenn. Jim has been 
working with C.W.Burke on this Frank case and Is at work on it now. 

I reoeiyed a note about the first of April from Wrenn, telling me to* 
see Burke* I saw.C.W.Burke and he wanted me to go to Chloago to get 
an affldaylt from Aa:ron Allen, a negro that 1 had known in Atlanta. 
Burke also stated that he wanted me to talk while in Chloago to 
William Calhoun. I was paid three dollars a day and glyen one hun¬ 
dred dollare to ooyer erpenses on this trip* Burke said he wanted 
-to=-ehow by Allan--that^-he--had been- eoH wlth^ Jim^Conley and 

that Conley had oonfoBBed to him that he murdered Uary Phagan* 

Burke Bald that lake JaoobB, a Jew Hying in Atlanta,had been up 
In Chloago trying to get this afUdayit. He alao stated that Stiles 
Hopklne, an attorney in the office of X.Z.Roeser, one of Frank's at- 
tomeye^ was then in Chloago. Burke said that Allen was sore with 
Bums’ men'and didn’t know thoBe nen and that If it took any dinners. 

oigare md settl^ .up, forme to use vdiateyer money was neeeBBa:iy 

to get Allen In a good bnaev* Bnxka eald 'Sell Allen that the 
deteotlYee and Soree^ will all he down and out and vre will he up; 

80 don't he afraid on their aooount and meke an affldaTlt.' 

"I left Atlanta on April 8nd, 1914 end a rrive d at Ohloago 
on April 3d. 1 went to the office of W.J.Bums' Detective Agency 

in Chloago in the Transportation huilding. I met there Aaron Alien. 
Alle n tol d me that Bume' orowd had arrested him in Indianapolie 
and had brought him to Ohloago. Allen furthermore stated that he 
had ooneuiqptloB and was nearly dead and had been in a hoepltal about 
Blx months in Indianapolis. Allen oeme into Bums private office 
and there i talked to him alene. Allen told me he was not in the 
oell with Oonley at all and did not know Jim Oonley and never spoke 
to Jim Oonley in his life. Allen further eald that no detective 
had. ever spoken to him about Jim Oonley until he was approached some 
time reoently in Indianapolis, Ind. by one of Bums' men. 

"I talked with Allen two howrs, and after my talk with Allen 
f personally reported to W.J.Bums that Allen said he didn't know 
anything at all about the otters that Burke had Instruoted me to 
aek him about, end that he didn't know Oonley and that he had never 
talked to any deteotlves about Oonley except at Indianapolis. Bums 
throwing his hands out to oneslde, said to me'Well, -why did he leave 
Atlanta?' I said to hint 'Allen tells me that he left Atlanta of 
-hia-own free w-ill^and-aoeord.' Bums then said 'Well, where did he 
get hold of three hundred dollars?' I said 'Allen tells me that he 
got that money selling whl skey and running a gambling house.' 

Bums said'Ee is a God Dami lie and .'lust loyal to the police and he 
is afraid that if he goes baokthere, they will jump on him.' Then 
Bums said'Go on baok and talk to him age in; you oan make him oome 
aorosB.' I told Bums that I was hungry and was going out to gdt 
a lunoh and I then left end was gone about an hour and a half. When 
I got baok to Bums' offioe after lunoh I found Allen loeke|d in a 
little room in the rear of a.larger room on the door of whioh was 
printed 'Fire Bsoape.' In the room where I found Allen was a large 
o£ige, whioh one~of Bums' negro deteotives showed me oould be set 
up in a very short while, made to resemble a oage'in a jell. I 
talked to Allen in this room. Allen on this seopnd visit~toId met 
'Mr. Isom, 1 will make that affiuovit, but it will be a lie.*' 

I told Allen I dldn^t ^t him to make this affidavit unless it 



wae the trath* I then vent in and. told M aac B nms that Allen Bald 
he wonld make that affiLdarit but it would be a lie* Chen Bume eald 
'I will talk to hla in a few mdnutee*' In'a few mlnutee Bums went 
back and got Allen and brought hlo in hla office* Buma then said 
^ - to^ Uen ’You Sod dan n-btMrtard^-you^re-Juet-loyal to- those polloemen- 
and*7ou are telling me a damn lie and you Just aa well oome on aoroaa 
and tell me all about It*' After thle the door whloh led Into Bums' 
private offloe was oloaed and I heard loud talking but oould not un- 
daratand what wae aald* Z afternarda oame from Ohloago to Ohattanoogaj 
on the aame train, with W*J*Bum8; and the next morning on the aleep- 
or Bums told me that Allen gave him the very affidavit that he want 

ed after I left Bums' office that night* _ 

"While I was In Buma' offloe talking to Allen, on the day I 

got to Ohloage, Bums waa talking to William Calhoun in the next- 

room* Stllee Hopklne oame out of the room In which Calhoun wae, 
for the purpose oj^Stalfcing to me in the hall, leaving the door open 
Into Buime* room* When he opened the door I reoognized Bume’ 
_^v^ae-and^aw-Qalhoun^ and I heard Bums eay: *You are a damn liar, 
you haetard, you!* Calhoun told Bume he was not at the station 
house in Atlanta and that the detectives had never talked to him 
about Jim Conley and that he did not know him* 'This man’s name was 
never mentioned to me until yoiir men oome out to my house tlj^ other 
day* Calhoun said* Hopkins jfeesed out of the room in which Bume 
and Calhoun were, into the hall, and said to me: *Don*t say anything 
to anybody about mybelng here* Don’t tell Allen that I am here.* 

Hopkins said that Bums* eon saldr^hi^ Allen wanted to talk to him, 
and Hopkins said ’Tell him that it is not Hopkins who is here, but^ " 
somebody else* - vdiose neune he gave me but whloh I have forgotten* 

I then went baok and iaOlred to" Allen, ^"little while after that 
they let _Ca lhQ\qa go* Bums' son told .m e that the 3 ug&j;„ axLaf^4,daYlt.^ 

from Calhoun but I did, not oee it and do not know what it was* 

"After Calhoun left a ^diite man went into Bums’ offloe and 
Bums and Hopkins talked'to him. He was in appearance a Jew* I do 
not know hia name* Bums* son afterwards showed me an affidavit 
whloh he said was sighed by the man that I-saw gol^ into the offloe 
to t«llc to HoSklne and Bums* I read the affidavit* It wns signed 
i by someone whose name beglris with "9", and as 1 remember It, t>e 

same was eomethlng like 'Stoll'. I am not sure about thie name. 
The afflflavlt atateA that the maker waa S8 years olA; that he was 
a oitlaen of Ohloago, Ill. and said that he wae with the Salvation 
__Army In Atlanta>when the murder of Mary ^hagan'happened and was at 
the rear of the National Pencil F acto ry'a place of buslnesa on the 
afternoon of April 26th, 1913. The-affldavlt said he left beoauee 
sentiment was so strong that he was afraid he would get Into some 
trouble. The affidavit stated that he told a detective about the 
metters testified to In this office and that the detective's name 
was 'Shott' or 'Scott'. That the detective said to him that he, 
the detective, was running that business and for hlm-^o—go-ahead 
“~EHd:“Bttond to hlB buslnoss, and that he, the detective, would look 
after that matter. The affidavit stated that this man eaw, on the 
afternoon of April S6th, 1913, a tell, blaok negro oome -out of the 
back end of the pencil factory and go up to Hunter Street and buy 
a lunoh from an old negro woman and as he oame out of the National 
pencil factory Tie dropped a pocket book and a day book which he, 
the said Stoll (or whoever he was) picked up. There was a pocket 
book and a day book lying there on the table which Bums' son told 
me was the one. It was a anall, black pocket book, something like a 
card oase, and the day book was longer than the pocket book, blaok, 
_Bnd had written In the back end of It the word 'Oanley'-nPig ih, with 
a little Boratohlng before the word'Oonley' 

The State, further Introduced the following transcript 
of the testimony of Leo 1.1. Prank at the Coroner's inquest: 

"Q.iVhat time do you say It was when you left the building? Al^It 

two or_tiirjae mlnutea, four-mlnutoa: 
it was .a trifle after 1," On page 69, ooour the following questions 
and answers: -Q, ,;hen you went out of the office,.6 minutes after 
1 o'olook, tell us where you went, just what dlreotlon you took * 
etc.? A. I went up from the factory to Alabama Street, went up 
Porsyth to Alabama, down Alabama to Broad and Alabama, and I think 
^ there. Q. Bo you remember the oar you oaught? A. I 
thlnk^lt WM a Washington Street oar'. Q. it oame first? A. I don't 
remember which oame first," “ . 

The State Introduoed the following dovumentary evldenae 
. to-wlt; . — 

Certified copy of an Ibdlotment agalnet George Wrenn 
found at May Tern, 1912 , of Fulton Superior Court, in which 
it wae charged that on the 17 th day of April, I912,. the 
eaid George Wrenn did steal certain jewelry, a detailed deo- 
criptlon of which is eet forth, of the alleged value of 
.#? 8 i 437 « 88 i the oame heing the property of S. and H. Gllsey. 

Upon eaid indictment wao a verdict of guilty dated October 
30, 1912, and the eente^ce by the oourt- 4 hat the eaid George 
Wrenn oerve twelye^Tuonthe upon the Public Worko of Fulton 

The State introduced an indictment found at March Terra, 
1912, of Pulton Superior Court, agalnet Mali Arnold, L. P. 
Subanke and Jeeee huffy, charging the three parties named 
with the offenee of oar breaking, in the county of Pulton, on 
the 12 th day of November, 1911, and upon eaid indictment wae 
an entry signed by. the pretiding judge, that the same wao 
nolle prooeed in open court on the 27th day of Juno, I912. 

The State llkewloe introduced an indictment found at 
March Terra, 1912 , charging B. B. Blehop, Hal Cline, McHenry 
Hatraaker, L. P, Bubanko, J. R. Mlleo and A. L. Jeooe, with 
the offense of oar breaking, and upon eaid indictment is an. 
entry of nolle preejL,^elg ned by t h e pree lding judge, d^ted 
the 27th day of June, I912, 

The State Tlkewlee InWoddo^ an indictment found at 
March Term, 1912, of Pulton Superior Court, agalnet. Mell 
" 7 i^ 0 ld,=Jahn^B, Hairston, Taul B.^arnagan, L, P. Bubanke, A. 
L, Jeeee^ Jeeee “huffy and Pate huffy, charging the parties 
named vrith the offenee^ cf oar breaking on Hovember-^T-^ll, 
and upon eaid indictment le an entry of nolle prose, eigned 
Tby^o preelding judge, dated June 27 , 1912, * 

The Steite llkewie# introduced an indictment found at 

March Teiin, 1912, of Pulton Superior Court, agalnet Hal >. - * 

■ ■ — ■■ 

Cline, McHenry Hatmeker, S,, P. Durheni, L. P. Bubanke and J. . 

Il Fi 

R. Kilea, charging the parties named with the offense of oar 
breaking on the 2nd day of February, 1912, and upon said In- 
dlotmont io an ontry of nolle prose signed by the presiding 
judga, dated June 2?, 1912. 

The State likewise introduced an Indictment foundr at 
ilaroh Tem, 1912, of Fulton Superior Court, against Hal 
Cline, A. Casey, McHenry Hatmaker, Jesse Duffy, A. L. Jes¬ 
se and L. P. Subanks, charging the parties named with the of- 
fonse of oar breaking^n February 8 -r 1912, and upon said In¬ 
dictment Is on entry of nolle press, signed by the presiding 
judge, dated June 27, 1912, _ 

^ Likewise the State Introduced an Indictment found at 

March Term, 1912, of Fulton Superior Court, against W. T. 

Smith, J. R. Miles and L. Eubanks, charging the parties 
named with the offense of oar breaklng.on- the 3rd day of De- 
wember, 191^, and upoj saljd Indictment appears an entry of 
nolle prose signed by the presiding judge, dated June 27 ., 
1912 . 

Likewise the State Introduced an indictment found at 
March Term, 1912, of Fulton Superior Court, against J. H. 
Hilton, Moll Arnold-^ L. P, Eubanks, J, B, Miles, A. L, Jesse, 
andnjssse Duffy, charging the parties named with the offense 
of car breaking'on October 9* 1911* upon said Indictment 
appears an entry of nolle proas,-sig]Md by the presiding 
judge dated June 27 , 1912. 

The State likewise Introduced an Indictment found at 


March Tem., 1912, of Fulton Superior Court, against MoHonry 

Hatf*«4d, W. H, Fowler, W. Rv Wlnent, J. B. Miles, W, T. 
Smith, L. P. Eubanks, .V. F. Ransoms,-i). Casey, Hal Cline, E, 

S, Durham, Jesse Duffy and A. L. Jesse, charging the parties 
named with the offense of oar breaking, on the 13 th day of 

- Janudry., 1912, and upon said Indlotment^ appears an entiv of 
nolle pro s s sign ed by the presiding judge, dated June 27,1912 

The state likewise ^Ihtroduoed an Indictment found at—- 


Inarch’ I«!ZTQ( 1912, of Fulton Superior Court, against L. F. 
Eu^anlce, John B. Hairston, B. Z. Ellis, A, L. Jesse and J. 

R. Milescharging the parties naraed with.the offense of car 
■breaking on the 27 th day of November, 1911, and upon said 
Indiotment appears an entry of nolle prose dated June 27 , 
1912 , signed lay the presiding Judge. 

iikewi^e introduced 'foun(>,4t 

cfi(%r the State. J,jm.^Ji..lTteyj;i9r^o^TiieBday, 
e l*ftt1i^ off foe o'f Ddfedy, JfwSTeV Jpow^ll & 

diftteted. I am personally acquainted with said Rolne. Raine spoke 
to me whai I was with Ivey Jones and called me by name. Raine was 
walking up Pryor St. when we saw him. 

GEO. 'JrKPPS. JR. Sworn for the State. I am the George V/.Epps who 
tes-ti’fiea "In tTTe 'trial of the case of the State vs. Leo ll.Prani:. 
Sinoc signing an affidavit this morning with reference to \vhat 00- 
ourred In Birmingham,Ala., I have seen on the street the man who 
took me from Atlanta,Ga. to Birmingham, and who passed with me 
under the name of Terry. I picked him out on the street at a boot- 
blsok stend near the oomer of Hunter and South Pryor Streets. I 
spoke to him and he spohs to me. I oaHed him Mr .Terry. I never laiew 
him under any other maae exoept the name of Terry. Mr.H.A.Garner 
was with me at the time I saw him and "addressed the man as Jlamle 
'.VrsnnTand Terry asked,"What did you call me,Kelly"? I said, 

"No, I didn’t o&ll you Kelly, I called you Terry,the name you gKs 
gave me." 

N. A. GARNER. Sworn for the State. I was present vdth George Epps 
on the oooasion refereed to in the affidavit attached and heard 
everything th: t was said between George Epps and Jimmie ./renn. 
George Epps pointed V/renn out without any suggestion from me, 
as being the man who hod token him to Birmj.n^am, by the name of 
Terry. I am personally acquainted with V/renn and know that his 
name Is not Terry.buitfthat it Is Jlmrale 'Hrenxi, 'brother to George 
Wrenn. ' _