Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1913-10-01
Continued From Page I.

ttNItE
The court is charged with error in
allowing the Solicitor TO declare that
he was prepared 10 prove tho charges
II immortality against Frank The
petition charges specific error 20 the
Solicitors declaration, Il am not
fourhuslinE" made in the presence
Of the jury il la declared that this
declaration had undue influence IN
the jurors minds. leading them 30
unfair inference.
Another error IS laid 10 the court
in allowing over the defenee's objec-
ton 70 Solicitors questions tending
10 show that Montag Brothers hlJ
attempted TO influence the Pinker-
tons and had tried 20 make the Ee-
tective agency shield the prIsoner
The petition declares that none of-'1D
evidence concerning the employment
Of the Pinkcrtons was admissible
The ovcrruling Of any evidence
from Street Car Inspector Leach
concerning the dismissal OF punish
ment Of employees for being ahead Of
schedule time is another count
Error is charged in the questioning
of J. \. Minar a reporter for The
Georgian. The defense claims that
the questions concerning whether he
went to interview the Epps family
merely as "A reporter should never
have been allowed. The questions were
asked the petition says. to Influence
the jury and no attempt 70 prove tho
limitations ever was made
In refusing TO allow Miss Hall to
testify to a telephone conversation
in which FTank told her about work
to be done that tragic day another
error Is charged and another In the
admission Of Philip Chambers refer
ence 10 CAN'T. tending to show that
Frank had tried 10 throw suspicion on
CAN'T and shield himself
B'nai Birth Question Recalled.
The court also erred, IL is held. in
declining to allow Or. David Marx 20
give testimony as to the character OF
the Jewish organization known as the
B'Nai Birth
Defendants counsel II is said.
stated at the time that Dr. Marx
would testify that, while the Bnal
Birth was an international Jewish
charity organization Its charity did
not extend to giving aid TO persons
charged with misdemeanors Of Crimi-
nal law
The state objected to this. It is fur
Their stated. and the court sus-
tanned the objection and so the COurl
erred In this respect, for the reason
that the Solicitor General I'm his IN
situations to the jury and In his
speech, strongly intimatCd that Frank
was receiving moral and financial sup
port by reason OF his membership In
B'Nai Birth.
The court also erred. Il is held, In
permitting Mrs j. j. Wardlaw 10 be
asked certain questions In regard TO
Franks alleged conduct on Hape-
willie car with Mary Phagan She an
swered. II is said "No" to all qucs-
lions The defendant objected to the
questions because while the witness
denied any knowledge by hearsay or
otherwise Of the wrong asked arout
the mere asking Of such questions,
the answer to which must have been
irrelevant and prejudiCial was harm
ful TO the defendant, and the court
erred in permitting questions 10 he
asked, no matter what the answers
might have been
Character Ruling Attacked.
The court further erred because, M
character I'm issue. In admitting such
testimony. the State could not reply
by proof Of improper or immoral CON
duct with women.
A reputation for Iasclviousncss il
not involved in that general character
that is material where the charge Is
murder according to the defense.
The court erred. IL is said, I'm per
hitting the witness, w r.. Turner,
over the objection OF the defendant.
to tell OF conversation he overheard
between Frank and Mary Phagau. I'm
which Frank told her ne was super
intendent Of the factory and Of Mary
Phagsn backing away from him. and
Of Frank walking toward her. This
was prejudicial because II WAS a dis
ttnCt transaction apart from the Is
sues In the case and intended 10
prejudice the jury.
The court erred in permitting w 2
Merck, over objection TO tell Of an
enga cement he had with Daisy Hop
kins, and 10 tell OF her remarks that
she had just been 20 the pencil fac
tory.
The court erred in admitting the
minutes OF the State Board ~ Health
showing the controversy OF Or Hnr-
lis and Or Westmorcland. This was
prejudiCial 10 the defendant center
ing the minds Of the iurymen on
something different from the issues Ina
the case. 1t erred in permitting f. II.
Pickett 20 testify, over objections
ABOUT Menola NoKniGhts statements
Hit Car Evidence.
he court erred In permitting j q
.dcEWen. street car man. 20 testify
as 20 the arrival Of the Euclid ayeDu,
car-stating that it would have Ia he
ahead Of the White City ear to cut