davidaulloa/AmericanStories huggingface dataset:
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-18

him, but upon an examination OF the
arguments themselves and the COLO
qutes connected with them. there was
nothing in any of these grounds re-
curing new trial.
Objection was made to the Solicitor
Generals statement that it would not
surprise him if the defense had not
put up some of their family physi-
clans as experts for the effect their
testimony might have on the jury.
The Applause in Court.
With the vast amount OF testimony
before it. with the arguments and
arrangements. interruptions, OBJ
jections and controversies the court
can not say that the argument of the
solicitor General complained of, even
IL il NAV not have been thoroughly
logical or well grounded, was an eX-
| cess of the right of argument suf-
| fciently grave to warrant new trial.
Upon the grounds that the verdict
was without evidence to support it,
the court. in terse language, held that
| it was sufficient
In reference t. applause and dis
order in the lower court, the Supreme
Court held this vas not sufficient to
warrant a new trial.
Several GROUNDS of the motion for a
new trial related to alleged disorders
! occurring in the courtroom and vi
entity during the progress of the
| trial it was contended that one of
such disorders prevented a fair and
| impartial trial, and Furthermore that
, the court should have granted a mis-
| trial upon the motion made in the
| concluding argument.
Jury Heard Only Two Outbreaks.
With reference to the various dis
orders complained of. the court was
authorized to find from the evidence
submitted that only two instances oc-
CURED within the hearing or knowl-
edge Of the jury.
y We deem it unnecessary to specifi-
cally refer to those occurrences which
the jury and court officers declared
did not happen within the presence of
the jury and the assistance of which
the jury did not know until after the
trial. The defendants counsel com
planned of the conduct of the specta
tors, whereupon the court below d..
rected the Sheriff to find out who wa
making the noise. and presumabi
this action was deemed satisfactory
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-18
Ruling on Roam s Doubt
And Jim COnLey's Story

cause. arising from his desires and
the effort to accomplish them.
What did he mean by mot being
built like other menu" As testified
to by this witness. it was something
that he knew and the witness which
Indicated abnormality 1t was some
something that the accused thought OF
sufficient Importance to refer 10 in
connection with the homicide and its
cause.
Were the jurors to be left in the
dark as to what Il was that he knew
and Conley knew that indicated such
abnormal conduct in connection with
the murder?
Why should not the Jury be permit
| ted to understand what the accused
was talking about that was a subject
Of common knowledge between him
and the witness?
However black 1t may indicate the
conduct OF the accused to have been,
there was no reason why the jury
should be left in the dark in regard
TO It,
Simile Is Drawn.
Suppose on the trial of one accused
OF murder, 1t should be sought to
| show that the accused was armed
with a deadly weapon. and that a
W i'ieSS SUOulN testify lldi the &c
| cused said 10 him about the time of
the homicide You know what | al
| ways carry in my pocket"
| Would there be any doubt that the
| witness would be allowed to testify
| that the accused had previously in
! formed him that he always carried Il
! pistol or had on previous occasions
! exhibited TO him a pistol in his pocket,
| or on the trial OF one accused Of gam
! bling in a certain room or os keeping
a gambling house there If the State
| should introduce witness who
should testify that the accused had
posted him on the outside OF the room
and warned him against the approach
of any stranger. and had said TO the
! witness that the latter do what he
! always did in that ROOM would il be
commended that IL would not be COM
| petent to show by the witness that
the accused and others on previous
occasions had gambled in the room
while he was watching for them as
/ explanatory of the inCulpatory state
ment Of the aCCused2
Threw Light on Deed.
This evidence was not admissible
! previous improper conduct or crimi-
naity on the part of Frank disCon-
! neCted from the crime of which he
| was charged, but because II threw
light on the transaction under con-
sideration and tended to explain what
he said and did on that occasion. as
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-18

The two main points stressed In
the ruling opinion of the high court
are the question OF perversion and
Judge Roan's expression of doubt in
affirming the death sentence. on
both points the court rules that the
defense was not done an injustice.
Here is the text OF the opinion con-
corning these all-imp ortant conten-
tions in Franks case:
We think this evidence was rele-
want for several reasons. In the first
place. the witness had testified that
on the day of the homicide the &C
eused said to him, Il want you to
watch for me like you have been
doing the rest of the Saturdays" or
"as you did other Saturdays"
He then asked, "Now. tell what
kind OF work you had done for him
the other Saturdays" and in answer
10 this and other questions the tes-
timony was brought out in reference
to the practice of the accused to in
dulge in lascivious conduct in his Of
fee and in the building on Saturday
afternoons, and to have the witness
watch for him to prevent detection.
Competent to Show He Watched.
As showing the occasion for his
presence at the factory at the time
when the crime was committed and
as explaining his peculiar opportu-
nifty for knowledge in regard to IT,
and why the accused should call on
him to assist In watching, and sub
sequently in removing the body, and
especially in order TO explain the
statement that he was employed on
that Saturday as he had been on
other Saturdays, IL was competent to
show how he had watched and for
what purpose on other Saturdays.
Having testified that the accused
had made reference TO what the wit
ness had done formerly in directing
him what he was then 10 do. no rea-
son occurs to us why he should not
explain the reference.
As@in. the witness had testified
that after the homicide the accused
called on him to assist in removing
the body of the girl from the place
where she was slain, not far from the
Office of the accused. and that in eX-
planning To him the situation, the ac-
cused stated that u wanted to be
with the little girl. and she refused
me. and I struck her. and I guess
struck her too hard, and she fell anC
hit her mead against something and
. don't know how bad she got hurt. o.
4 course. you know that | am not bull
4 like other men"
Showed Aceused's Desire.
According TO the witness, here was
statement by the accused in con
nection with the homicide and its
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-18

In the former case (of intentl ",
act is simply to negative the innocen,
state of mind at the time of the sns
charged. In the present (dsign or
system) the effort is to estabiisb
definite prior design or system, whicS
included the doing of the act chargs5
as part of its consummation In fSa
former case (intenD the result is ~
give completion to the conceded oct
and ends with that; in the present
case (plan or system)) the result is ~
show (the probability a positive de'
sign, which in its turn is therefora
evidence (probably) for the doing NJ
the act designed. The added element
then, must be not merely a similarly
in the results, but such concurrence
of common circumstance that the Va
rious acts are naturally explained as
caused by general plan of which
they are the individual components.
The dissenting Justices, in dealing
with the >onley testimony, said:
The general rule is that, on prose
Continued on Page q, Column I.
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-18

I and the orderly progress of the case
was resumed.
The general rule of the conduct of
| the spectators during the trial of the
| case will not be grounds for a re-
| vers of the judgment unless rule
| upon such conduct is invoked from
/ the Judge at the time it occurred. The
applause by the spectators under the
| circumstances as described in the
! court, is but an irregularity not cal
culated to have been sufficiently
harmful to the defendant.
Not Error to Deny Mistriai.
1t was not an error for the court to
refuse a mistrial, particularly upon a
| motion made several days after the
| alleged occurrence of disorder, and
after the case had been fully argued
and the charge of the court was about
to be delivered.
Just before the jury was ushered
into the courts presence for the pur-
| pose of rendering its verdict, the
| court had the room cleared of specta-
tors. The verdict of the jury was re-
ceived and published in the usual
manner. A request was made to poll
| the jury, and after the polling had
begun loud cheering from the crowd
| in the street was heard
In order that the occurrence COM
| planned of should have the effect of
multiplying the poll of the jury, as was
claimed by the defense, it must ap-
pear that it's operation upon the
mindsof the jury or some of them
was of such controlling character that
! they were prevented or may have
| been prevented from giving a truthful
answer to the court.
We think the affidavits of the jul
| rors submitted in regard to this oc-
currence were sufficient to show that
| there was no likelihood of any such
results This is not sufficient
grounds for a new trial
The record in this case is volumi-
nous.
Comment on Wife Upheld.
The main opinion in reference to
| the failure of Franks wife to visit
| him just after his arrest the court
makes the following comment:
Exception was also taken to the
courts permitting the Solicitor Gen
eral in his argument to comment
upon the failure of counsel for the
defendant to cross examine certain
witnesses offered by the State; and
also to comment upon the failure of
the wife of the accused to visit him
in jail
AS to the latter, the accused in his
statement had referred to the failure
| incarceration, and had given an ex-
| PLANTATION of 1t; and the Solicitor had
| a right to comment on the statement
| of the decision which reflect clearly
Here are the concluding paragraphs
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-18

of any particular act of wrong doing
You should not, therefore, consider
this defendant because of such fail
ure to cross examine any State wit
ness has been guilty of any particu
lar acts of wrong doing.
The request was properly declined,
The defendant offered In evidence
general good character as a substan-
tial fact in his defense The State
was allowed in reply to show that
his character for lasciviousness was
bad. Counsel for the defendant elect
ed to omit any cross examination of
the witnesses of the State on the sub
ject
one of the issues. brought into the
case by the defendant, was that his
general character was good. The
state Joined issue with the defendant
as to his having a good character in
respect to that element which was
alleged to have prompted the act on
the part of the defendant which re-
suited in the murder.
Whatever transpires in criminal
case appertaining to the submission
of testimony, the manner of eNami-
nation or the failure of counsel TO
cross examine may be legitimately
discussed, and it for the jury and not
the court to pass upon the force and
effect to be given to the argument. II
would therefore be an invasion of the
province of the jury that no infer
ence could be drawn from the de-
PENDANTS failure to cross examine this
witnesses.
Reference to Durant Upheld.
The court in discussing the Solicit
tor Generals reference to the famous
Durant case in California, to which
the defense strenuously objected. held
that the solicitor was entirely within
his rights, and it was not grounds for
new trial. The Solicitor General. in
his concluding argument, also re-
ferred to the Oscar Wilde and other
criminal cases. Error was assigned
because the court did not instruct the
jury TO the effect that facts in other
cases should have no influence upon
them in making up &heir verdict. but
they should try the case before them
upon its own facts under the evil
dence. The court holds this ground
to be without merit.
Several other grounds of the motion
for a new trial complain of arguments
made by the Solicitor General and
failure of the court to check or rebuke
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-18

testified to by the witness.
So far as our search has extended.
we have found no case where the
conduct and language of one accused
of a crime and closely connected
Herewith by evidence could not bE
explained by showing other conduct
to which he himself referred.
One Of the grounds of the motion
complains that the verdict is without
evidence to support it. Another com
plains that the verdict is contrary 10
the weight of evidence The court re-
cited in his order overruling the mo-
ton for a new trial that lie had care
fully considered the original ANA
amended motions in rendering the
Judgment denying new trial.
Roan's Expression of Doubt.
The bill of exceptions recites that
the Judge orally stated that the jury
had found the defendant guilty; that
he (the iudge) had thought about this
case more than any other case that
he had ever tried; that he was not
certain of the defendants guilt. that
with all the thought he had put on
this case he was not thoroughly con-
WINGED whether Frank was guilty or
innocent. but that he did not have to
be convinced; that the jury was con-
WINGED, that there was no room TO
doubt that; that he felt il his duty to
order that the motion for a new trial
be oVerruled."
1t is insisted that the remarks made
by the judge in denying a new trail
indicated judicial disapproVal of the
verdict. We do not think so. The
jury found the accused guilty. The
court was called upon to determine
whether under the record the defend
ant should be granted a new trial.
He refused It. and the rule in such
cases is hat even If the court should
consider a case weak, yet. If he over
rules the motion for new trial, one
ground of which is that the verdict Is
contrary to law and evidence, his ls-
gal judgment expressed in overruling
the motion will control; and if there
Is sufficient evidence to support the
verdict this court Will not interfere
because Of the judges own eXpressi IN
as to his opinion.
Request to Charge.
The lower court declined to give the
following request to charge: No
presumption can arise against the de-
PENDANT because of failure TO cross
examine any witness PUT up by the
State, that the defendant was guilty
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-18
ROSSER AND ARNOLD
BEGIN AN EXHAUSTIVE
STUDY Of DECISION
Continued From Page I.

their but understood that immediate steps will be
stay Franks execution is regarded likely
that the will be appealed again before Judge Hill has the
opportunity passing of death against the convicted
for the second time.
Il haven't anything to the subject was Luther Ros
sers reply to a request for statement.
Reuben Arnold said that the defense would not be prepared
TO make its plans until the lawyers had thor
oughy reviewed Che decision of the Supreme Court.
Attorneys Rosser and Arnold the Capitol Tuesday
going the lengthy opinion and planned return
o'clock finish it. When they have it carefully they
will their next
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-18

made to them
We have given careful considera
ton to the evidence, and we beliaTa
that the same is sufficient to unho,a
the verdict; and, as no substanTisI
error was committed in the trial n,
the case, the discretion of the court
IN refusing d new trial will not be
disturbed
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-18

for the defense the time those Coney evidence
strike them on an the m overued
The testimony Cny declared by the dis
sening opinion preudal defendant pertaining
10 he tissue"
Evidence of another of this other defendant
incompetent, the opinion.
prepared he
Indictment
should
their lack of technical
prone to att undue import to- x
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-18

the Supreme Courts attitude:
We have attempted to go through
various assignments of error so as to
bring the opinion within reasonable
bounds Some Of the points are
deemed of minor importance, not
amounting to error, and some of them
were not referred to in the briefs,
and therefore no specific reference is
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-18

opinion Becks
money dealing with Franks lascivess
of OF
says:
do in
.tnhgr QUIT
Cony testimony dealing with degen the
of
The dissenting opinion
Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-02-18
III AND BECK TELL WHY THEY FAVORED NEW FRANK TRIAL

only few exceptions to this rule
the aside
The dssentin opinion further states:
at Justices the prevailing opinion that
ascvuness the part of defend
admitted evidence because they tended
to show We take with them
this proposition
and exemphfcons support OF the contention
permitting Cony to testify his
offered in the dissenting
oninion of
The Snowflake herald., 1914-04-25

The good old summer" time
is beginning to do business in
Arizona again. 1t will not be
long before the railroads reach
ing the coast will be drawing in
the coin from those who foolishly
think they can be benefited by
leaving Arizona during the hot
months. In the mountains in
this section are resorts that will
provide infinitely greater benefits
to those who desire some recre-
alton from their daily labors
than can be obtained on any
beach in California. The White
mountains are an ideal summer
resort, and a trip there can be
combined with fishing and hunt
ing also.
The Snowflake herald., 1914-04-25
Don't Like Jury Duty

That the ladies do not admire"
jury duty was we'll demonstrated
during the past week in Justice
McLane's court. A case was be-
fore the court wherein the de-
fendant was a woman charged
with disturbing the peace. Her
counsel having requested that a
jury of women try the case, the
sheriff got busy and summoned
many women to serve their coun-
try and the court. But when
the case was called for trial,
every last one of those summoned
as jurorettes found some petty
excuse for not serving. Finally
the case went before a jury of
men who disposed of it with neat
ness and dispatch. Prescott
Courier.
The Snowflake herald., 1914-04-25


the for the initiation OF the nney amend
could submitted to the voters state ng
amendment next November
Campbell president
posi-
Golfer appointed Wnen
This position
commission which held by
to
shortly
Automobile
Prescott
vicepresent Joseph H. Gray Dee
George W. Reed the Ar
officers
declining
Arizona Phoenix selected as the place LOT
Lumber Timber company
$5125O lumber
Altogether the company
standing timber less nan
Never before mas the
the sale Of timber
asked
In
filed since the
covering
ents lesscoad lots is asked
at this Mine G. H. Boin has
he the position
doorkeeper mousse OF
legislative sessions OF last spring. oppo
fol democratic nomination .
idea of being appointed
established
amendment providing
prohibition The Headquarters OF the association are
The Snowflake herald., 1914-04-25

come, (?) it will not find Snow
flake fifty years behind the times.
This is an age of advancement,
and we oweN the spirit of pro-
gressiveness to the coming gen
GRAFTON even if we do not feel
that we will be here long enough
to enjoy it. Don't be a 'knocker',
but rather be a leader for pro-
gress and incorporation.
The Snowflake herald., 1914-04-25
/. Lorenzo Hubbell
A Senatorial ASpirant

The announcement that ].
Lorenzo Hubbell, of Apache
county, will make the race for
the United States Senate against
Marcus A. Smith will be good
news to those citizens and tax
payers who would like to see
Arizona have some representation
at Washington. Mr.. Hubbell is
one of the most energetic men in
the state. He is scrupulously
honest. He never took a drink in
his life. He is a successful bust
ness man, an orator of no mean
ability and would be heard from
at the national capital.
Whether or not those who
made up the Progressive party
in the last election will get be-
hind Mr.. Hubbell remains to be
seen. That there is not much
vestige of the old Progressive
party in Pima county everybody
knows, and it is very doubtful
whether or not they will maintain
an organization here. 1t is cur
rently reported that Lloyd B.
Christy, former mayor of Phoe-
nix. and progressive, will be
the Republican candidate for
Governor. In this case, a coali-
tion may be reached between the
two wings of the old Republican
party If this is done, it is GER
tain that the Democrats will be
routed and an economical admin
istratiOn installed at Phoenix.
The possibility of naming an
old line Republican for the Senate
and a Progressive for Governor
seems to be the only chance of
The Snowflake herald., 1914-04-25

bringing the two wings together.
Unless this is done, the Demo
Gratis will have a big advantage
with their opposition divided, al
though it is now certain that the
Republican party will maintain a
strong organization and make a
stubborn fight for supremacy.
With Hubbell in the field for
the Senate, the Democrats know
that they will have a fight on
their hands at any rate. Tucson
Citizen.
The Snowflake herald., 1914-04-25

If Secretary Bryan, of the
State Department had kept "Old
Kentucky Rye" in stock instead
of "Grape Juice" and had sent
Huerta a barrel of it when the
trouble with him commenced, he
would have saluted long and loud
with a vim that would have sur
prised the natives.
The Snowflake herald., 1914-04-25
Rheumatic Pains Relieved

Why suffer from rheumatism
when relief may be had at so
small a cost? Mrs. Elmer Hatch,
Peru, Ind, whites, Il have been
subject to attacks of rheumatism
for years. Chamberlain's Lini-
ment always relieves me immed-
lately, and take pleasure in rec
ommending it to others" 25 and
so cent bottles. For sale by all
dealers. Adv.
The Snowflake herald., 1914-04-25

It is said that one shot from
the feet which is assembling at
Tampico would blow that city's
Notifications into smithereens.
It's too bad the fleet can't get
within carrying distance of the
city of Mexico.
The Snowflake herald., 1914-04-25

Congress has appropriated fifty
million dollars for the purpose of
coercing General Huerta, of Mex
leo, into the notion Of saluting
the Stars and Stripes. Expensive
business, but Uncle Sam must
have that salute.