Another in our series of new transcriptions of contemporary articles on the Leo Frank case.
August 6th, 1913
At the opening of the afternoon session, Attorney Reuben Arnold arose, asking that the jury be sent from the room. When the twelve men had passed into their ro[o]m, he made a motion asking the court to exclude from Conley’s statement that testimony pertaining to Conley having watched previously for Frank and to an unprintable scene the negro said he had witnessed between the superintendent and a young girl in Frank’s office.
The motion was made on grounds of irrelevancy.
“First,” said Mr. Arnold, “I desire to ask the court to rule out that testimony of Jim Conley’s which pertains to his having watched for the defendant on occasions before the date on which the girl was killed. The defense proposes to withdraw all cross-examination on this point.
Asks Testimony Ruled Out.
“We also desire to withdraw from the records that part of Conley’s statement in which he tells of Frank having told him at the head of the stairway on the second floor of the pencil factory that ‘he was not built like other men,’ the answer Conley made to Dorsey’s question: ‘What did he mean by that?’ and the scene which the witness related.
“It is here in the court. I don’t want to read it aloud before these ladies present, so I will show it to your honor. This, I want ruled out. This scene which the negro alleges he witnessed was brought into the case purely to prejudice the court against the defendant.”
In reply, Attorney Frank Hooper, for the prosecution, said,
“On the first motion to rule out evidence pertaining to other cases of Conley’s having watched for Frank, it comes too late, and to rule it out would give counsel opportunity to tamper with the courts. They have crossed the witness and brought out both direct and indirect testimony bearing on the particular phase. It’s now too late for their objection.Continue Reading →