Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-03-06


fee at ] O'Clock, walked down t,
Jacobs drug store at 'ht corner %
Whitehall and Alabama streets
waited there for my car.
These affidavits say-I was scar
there at about $40 o'clock. That coin.
cides with my recollection. Mrs Mil
or says l raised my hat TO her | re,
call that ] did So ! did not say tina
al the trial, as ii was a CircGmstanc,
that had escaped my memory Their,
IS nothing odd about that / recalled
very distinctly how she was dress q
and there Is 10 particular reason VIII
| should have said ] raised my hat a.
| spoke to her, That is an action s.
involuntary that II does not furnish
what is called an Independent Tecoi-
lection II is one Of those things
that, called to mind by another cir
cumstance, are readily remembered.
certainly remember Il now .
Gratfied by Aid to Abb.
Frank said he was gratifed TO have
additional testimony to his alibi state
ment
Il never could understand why II
was not convincing at the trial" he
said 1T surely was as stable evil
dence and as cohesive as such evil
dence can be without being framed NJ
believe this additional testimony will
make it supremely positive"
The affidavit OF Mrs Miller" said
Attorney Leonard Haas, of Frank s
counsel. as one Of the strongest links
in the chain OF evidence with which
we are establishing an alihi il cor
rohorates in every detail the testi-
mony OF MisB Minnie Kern, who
at H. trsnl ba ~. n q
at the same place al the same time
1T proves conclusiyely that Frank
was not at the factory Al the time
Jim Conley says he murdered the lit
tie Phagan girl Mrs. Miller's aflida-
Wit will form one OF the strongest
contentious that we will present TO
Judge Hnl in the motion for a new
trial and there undoubtedly viii be
other evidence presented that VIII
bear out and strengthen the alibi
which We regard as proven"
Verifies Girls Testimony.
Mrs. Miller's affidavit IS Fridays
sensation in the Frank case. II is
conceded to have important bearing
on the case, inasmuch as ii Verifies
TO the minutest detail the testimony
Of Miss Minnie Kern who was an
important witiess during the trial. In
addition to Mrs. Miller's affidavit the
defense also has one made by Maier
Iefkon who swears that Mrs Miller
was on the corner of Whitehall and
Alabama streets al the time she
claims. Lefkoff says that he does not
know whether he saw Frank, Is he Is
not acquainted with the accused man.
Mrs. Miler's affidavit was sworn 10
before Leonard Haas several months
ago. but has been withheld by the
Frank defense as an emergency weap-
on Mrs. Miller now lives In Chatta-
nooga, at No, SOP Poplar street, but at
the time of the murder OF Mary Pha-
gan was living in Atlanta.
In her affidavit she says that on
the afternoon OF the murder she went
To the j, p Allen store on Whitehall
street in company with Mr.. Lefkoff 20
meet her sister. Miss Florence Harris
who is employed there. She swears
that she met her sister about ] o'clock
and that he trio then walked down
whitehall TO Alabama and up Ala
bama to Forsyth street where they
caught a Magnolia street car home.
when we reached the corner OF
Whitehall and Alabama streets" Mrs.
Miller's affidavit says, u saw Mr.. Leo
Frank standing on the corner. and
spoke. and Mr.. Frank bowed ard
raised his hat My sister does not
know Mr. Frank and Of course does
not know whether she saw him or not,