The Waxahachie daily light. [volume] (Waxahachie, Tex.) 1894-current, 1911-11-23
IOATEs IS DENIED NEW
| TRIAL BY THE COURT
Case of Negro Convicted Of Murder
and Given Death Penalty Goes
to Court Criminal Appeals.

The motion for a new trial in the
case of Burrell Oates, convicted OF
murder and given the DEATH penalty
has been overruled by District Judge
Hawkins Attorney Basket, counsel
for the defense. was here Wednes-
day and filed an amended motion to
his original motion. Judge Hawkins
heard the argument that afternoon
and refused to grant new trial.
Notice was given in open court
that an appeal would be taken to the
court OF criminal appeals. Thirty
days after adjournment was given In
which to file statement OF facts
and bill of exceptions. Sentence WAS
suspended until the courtsof Grimm
al appeals acts on the appeal.
In counsePs pleadings some six or
seven errors are alleged to have
been committed in the trial. The
amended motion AYERS that the YER
dict and Judgment are contrary TO
law CT this case because the testi-
mony clearly shows that II the de-
PENDANT was present at the time de-
ceased was killed, that the wife OF
the deceased killed deceased while
trying to repel the attack of the de-
PENDANT and Holly Vann, and under
such circumstances, under the law.
this defendant would not be guilty
OF murder.
The further allegation Is made
that the verdict and judgment are
contrary to and not supported by
evidence adduced upon the trial OF
this case, in this, that II 1t be con-
coded that the testimony sufficiently
shows that this defendant was pres
ent when deceased was killed then
"a there is no testimony that this
defendant shot and killed deceased,
ca said testimony shows that Holly
Vann was using 45-caliber pistol
and that deceased was killed by a
bullet not larger than 3S-calibei
pistol, and therefore the said Holly
Vann did not kill him, (3) that the
only other person present was Mrs.
| Fannie Aronoff, wife of the deceas
ed, who was standing by the left
with 32-ealiber pistol at this de-
PENDANT at the time deceased was
| killed, and deceased having beer
shot in the left side 1t IL conclusivel!
shown that her shot and not that o
the defendant or Holly vapn kille
deceased, and therefore, in law, thi
defendant could not be guilty c
murder.
The first error charged TO TIL
court was In overruling the dc
PENDANTS challenges for cause to tb
veniremen n. L. White, j. Fl. Sheet
and w. r. Sullivan and thereb.
forcing this defendant to challeng'
them, each OF them, peremptorily
and In overriding this defendant't
! motion, orally made, made after h.
had exhausted his peremptory chat.
lenges to restore to him the said
! three veniremen.
The allegation Is also made that
the court erred In overruling this de-
PENDANTS oral objection made dur
ing the trial OF this cause, and just
/ before the said defendant was placed
on the stand to testify In his owl,
behalf, to direct the county attorney
not to interrogate the defendant
while a witness In his own behalf
! about certain convictions of the de-
PENDANT in other cases, viz: One in
1892 and one In 1899.
The court is also alleged to have
erred in charging on the testimony
of Frank McCue as an accomplice