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

hce at ! o'clock. ! walked down e
Jacobs drug store. at The corner OF
Whitehall and Alabama streets.
waited there for my car
These affldavits say 7 was seen
there at about 1:10 o'clock. That coin
cides with my recollection. Mrs. Mil
er says / raised my hat to her, | re-
call that ] did so. / did not say that
at the trial. z II was a circumstan2 e
that had escaped my memory. There
Is nothing odd about that I recalled
very distinctly how she was dress a.
and there - no particular reason WIZ
I should have said / raised my hat az
I spoke to her. That is an action 81
involuntary that II does not furnish
what is called an independent recol-
lection It is one Of those things
that, called to mind by another cir
cumstanee. are readily remembered. ]
certainly remember It now"
Gratified by Aid to Abb
Frank said he was gratihed to have
additional testimony to his alibi state
ment
Il never could understand why It
was not convincing at the trial he
said. ut 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 1t supremely positive"
THE affidavit Of Mrs Miller" said
Attorney Leonard Haas, of Franks
counsel, us one of the strongest links
in the chain of evidence with which
we are establishing an alibi II cor
roborates in every detail the testi-
mOny of Miss Minnie Kern, who
swore at the trial that she saw Frank
at the same place at the same time.
1T proves conclusivcly that Frank
was not at the factory al the time
Jim Conley says he murdered the lit
tie Phagan girl. Mrs Millers afllda-
Wit will form one OF the strongest
contentious that we will present to
Judge Hiil in the motion for a new
trial. and there undoubtedly VIII be
other evidence presented that will
bear out and strengthen the alibi
which we regard as proven"
Verifes 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 1t verifles
10 the minutest detail the testimony
OF Miss Minnie Kern, who was an
important Witless during the trial In
addition to Mrs. Millers affidavit the
defense also has one made by Maier
Jefkoff, who swears that Mrs. Miller
was on the corner OF Whitehall and
Alabama streets at the time she
claims. Lefkoff says that he does not
know whether he saw Frank, az he Is
not acquainted with the accused man.
Mrs. Miller'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. 502 Poplar street, but ~
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 10 Alabama and UP Ala
bama 70 Forsyth street, where they
caught a Magnolia street car home.
when we reached the corner OF
Whitehall and Alabama streets" Mrs.
Millers affidavit says, Il 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.