Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-24
APPEAL
FOR ANOTHER
TRIAL FILED
Twenty-one Grounds for Rehear-
ing Advanced by Attorneys
for Doomed Man,

m.ltiug over uuiei,IYu fhe witness
Ire H. trsGfs that rank on Aprl
~ WHOM alou" w,th him an the sta-
ton house, HIked 900 Hlm shorter
time han did SIT Arnold one ~
Frank .s Attorney when he iutof-
viewed the witness just before lae
trial
Because ilto .our, % rendering the
de, j,iuu I'VE said ease. overlooked the
material facts 100 the record. to-wri
ground seven which related io The
testimony of the witness Black that
Frank had counsel Ne~srs Rossef
ana Haas. abuu, > or 20 oclues
Monday mpfu.uE while tlauk was 10
the station Fouse, brought there b.
Detectives Blscis and Ha-lott.
Error Charge Overlooked
Bcoause line court overlooked the
material facts 100 the record 'u-N4t.
ground 10 which charged errors be-
cause tine court over objection ~ fHr
defendant permitted thc witness Mrs.
White Jo TEST ~ that Arthur white.
her husband aud Campbell were both
connected with thc pcncil company
and iuat She never reported seeing
ihe negro 3u April % 1913 which
she testified She ala -re u thc pen
30 factory. 10 the rlty detectives until
Nav e. 1913
Because the cuurl overlooked
ground 70. which charged error be-
cause the court permitted over tHc
defendants objection. the witness S
J.. Eusscr. to test.f. bat ht visited
Mrs Arthur White subsequent 10
ADrll 20. that the ure '-mc the wit
ness even claimed lo have seen the
negro al he factory when she Went
into the factory Oh April 20 was some
me about the 6th or 9Th ~ May.
Ground 20 ssld
This was particularly prriud.clni
tp the defendant because the Su-
Ecitof cunteudcd boz his argument to
The jury thai the fact that factory
empioN ces I'D not disclose the fact
that Mrs white saw the negro ON
April &c was evidence That the de-
PENDANT was seeking to suppress tes-
muny material go the discovery Of
thc murderer
Scott Testimony Attacked
Because fhc court uycrIoo.,cd
ground 20 uhigt grHsgrd error. nc-
cause the court IA permitting tha
witness. Harry scott 10 testify over
HE objection of defendant that ne did
not get ans Information from anyone
'"i uccted with the Nationul Pencil
toWp1pl tHsi The negro Coniey could
write. bu, ttlat he got his information
az to that from entirely outside
sources. aud wholly disconnected with
he National Pencil Company.
Because The ruurt overlooked
ground a. which charged error. be-
cause the court Permitted tho wit
ness Harry Scott to testify over the
objection ~ defendant COUNSEL thai
The witness first communicated Mrs.
Whites statement about seeing "a me-
gro on the street moor. Of the pcu,al
factory on April 20 fai$ 90 Black,
thief Lanford and Bass Rosscr. that
the Information was given to the de-
tecjlNes on April 2A
Because the court overlooked
ground ~. which charged error. be-
cause The court erred In declining 10
allow the Witness Miss Hail. TO testf-
~ that on the morning OF April %.
and before tho murder was commit
ted. AiI Frank called her over the
telephone, asking her tn come 10 the
pencil factory to do stcnoRraphic
work, stating at The timc he called
her that he nad SO much work To- do
Thar il would take him until t O'Clock
To get it done
Time Figures Prominently.
Because the court overlooked
around a. which charged error, hc-
cause. while AIRS Freeman was on me
stand, after tcsurying as 10 other
things she testified that while She
and Miss Halt ON April, %, were at
The restaurant immediately couNeu-
Gus to the pencil factory. and after
they had LETT the factory a; lls4
o'clock "a. m, ana had had lunch that
lcmmic Quinn came I'm and stated
hat ne had gust seen mp To- see Mr
Frank. Upon motion or he Solicitor
This statement that he lad bcrn up 60
see Mr. Frank was ruled out as hear
SAY. lcmmic Gui.u' statement thal
hc was In ITankS Office just before
going into the restaurant was ot the