Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-25
Fl Grounds Set Forth
In NeW Frank Appeal

Tho twenty-ouo grounds for new
hearing as filed with the Supreme
Court Tuesday. Ia effect are as fol-
lows.
Because the court. In rendering the
decision in said case, overlooked the
material facts ia the record. 10 wit.
Ground So Of the motion FOR new trial,
which related 70 the testimony Of
Miss Cate regarding Rebecca Carson's
entering tho dressing room with
Frank
said ground just quoted ret up ma
terial facts constituting error In said
case, which tho court in the decision
rendered overlooked.
Because the court, in rendering the
decision in said case, overlooked the
material facts in tho record, TO wit;
Ground % OF the motion for new
trial, which related 10 tine testimony Of
Maggie Griffin. also iu reference to
tho alleged conduct OF Miss Carson
and Frank
Tho ground just quoted set up ma
terial facts constituting error In said
case. which the court I'm the decision
rendered. overlooked, ana which were
not considered in said decision. which
appears from the face thereof
Relating to Lees Testimony.
Because the court. in rendering the
decision in said case, overlooked the
material facts In the record. TO wit:
Ground OF the motion for new trial
which related To Lees testimony in
regard To the length Of time Detective
Black talked to him In comparison to
the length Of time Frank talked to
him the night OF April 20.
Because the court In rendering the
decision in said case, overlooked the
material facts In the record. to wit:
Ground . Of the motion for new
trial, which reads as follows:
Because the court erred In per
hitting over objections the witness
Lee 10 testify that Frank. on April
%. when alone with him at the sta
tion house, talked TO him shorter
time than did Mr.. Arnold. one OF
Franks attorneys, when he inter
viewed the witness just before the
trial"
Because the court IN rendering the
decision in said case, overlooked the
material facts in the record. to wit:
Ground z, which related to the
testimony of tho witness Black that
Frank had counsel. Messrs. Itosser
and Haas, about s or $3.50 o'clock
Monday morning while Frank was in
the station house brought there by
Detectives Black and Haslett.
Error Charge Overlooked.
Because the court overlooked the
material facts in the record. to wit:
Ground l6 which charged errors be-
cause the court. over objection OF the
defendant. permitted the witness Mrs,
White. TO testify that Arthur white.
her husband, aud Campbell were both
connected with the pencil company
and that she never reported seeing
the negro on April 90 1913, which
she testified she did see In the pen
eli factory, TO the city detectives until
May z 1918.
Because tho court overlooked
ground %. which charged error be-
cause the court permitted, over the
defendants objection, the witness S
L. Rosser. TO testify that he visited
Mrs. Arthur White subsequent to
April %, that the first time the wit
negro at the factory when she went
into the factory on April &c was some
time about the 6th or 9TH of May.
Ground % said
This was particularly prcjudlcial
10 the defendant because the So
Hector commended IN his argument to
tho jury that the fact that factory
employees did not disclose the fact
that Mrs White saw the negro on
M 10 ~ NHN fNlhtllte Allbl tue hF~
PENDANT was seeking 10 suppress tes-
tlmouy material to the discovery OF
the murderer"
Scott Testimony Attacked
Because the court overlooked
ground e6, which charged error be
cause tho court, in permitting the
witness, Harry Scott to testify over
tho objection Of defendant that he did
not get any Information from anyone
connected with tho National Pencil
Company that the negro Coulcy could
write but that lac got his Information
as 70 mat from entirely outside
sources and holly disconnected with
the National Pencil Company.
Because tho court : overlooked
ground 80, which charged error be-
cause the court permitted tho wit
ness. Harry Scott, 10 testify over the
objection of defendants counsel that
the witness first communicated Mrs.
whites statement about seeing ne
gro on the street floor Of the pencil
factory ON April 26, 1918, to Black,
1hicf Lanford and BASES Rosser; that
the Information WAS given tn the de
tectNes ou April IS
Bcc.usC the court overlooked
ground g., which charged error be
cause the court erred In declining TO