Atlanta Georgian., 1914-02-24

nv y" tiif9 one BFbAluH lbl y laf-
hearing, as filed with the Suprem"
Court Tuesday, ia effect are az FOL
lows
Because the court. Ia rendering the
decision IN said case. overlooked the
material facts in the record, to wit.
Ground 58 Of the motion for new trial
which related 10 the testimony Of
Miss Cate regarding Rebccca Carson's
entering the dressing room with
Frank.
Said ground just quoted set up ma
terial facts constituting error in said
case, which the court In the decision
rendered overlooked
Because the court. in rendering tho
decision in said case. overlooked the
material facts in the record. 10 wit.
Ground 50 Of the motion for new
trial, which related 10 the testimony Of
Maggie Griffin; also IN reference 20
the alleged conduct OF Miss Carson
and Frank.
The ground just quoted set up ma
terial facts constituting error IN said
case. which the court I'm the decision
rendered. overlooked, and which were
not considered in said decision, which
appears from the face thereof
Rotating to Lees Testimony.
Because The court. In rendering the
material facts ia the record. TO wit:
Ground I Of the motion for new trial,
which related to Lees testimony in
regard to the length of time Detective
Black talked 20 him in comparison to
the length OF time Frank talked to
him the night Of April 90
Because the court, In rendering the
decision in said case, overlooked the
material facts In the record, TO wit:
9 4 % =
trial. which reads as follows:
Because the court erred in per
mtting over objections the witness
Lee to testify that Frank. on April
49, when alone with him at the sta
ton house, talked to him a 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 ease. overlooked the
material facts in the record, to wit:
Ground 7, which related to the
testimony Of the witness Black that
Frank had counsel. Messrs. Rosser
and Haas, about 8 or $3.50 o'clock
Monday morning while Frank was in
the station house. brought there by
Detectives Black and Haslett.
Error Charge Overlooked.
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. and Campbell were both
connected with the pencil company
and that she never reported seeing
the negro on April 26, 1918. which
she testified she did see In the pen
oil t., IL
May 7, 1913.
Because the court overlooked
ground 20, which charged error. be-
cause the court permitted over the
defendants objection, the witness $.
l.. Rosser, 20 testify that he visited
Mrs, Arthur White subsequent to
April 20, that the frs. time the wit
ness ever claimed to have seen the
negro at the factory when she went
Into the factory on April 20 was some
time about the 9Th or 9TH of May.
Ground 20 said;
This was particularly preludicial
TO the defendant, because the So
licitor conteuded In his argument to
the jury that the fact that factory
employees did not disclose the fact
that Mrs. White saw the negro on
April 26 was evidence that the de-
fendant was seeking 20 suppress tes-
''f'A'''N iAltAtNi ithi 10 iift uASNpNtiA OA
the murderer"
Scott Testimony Attacked.
Because the court overlooked
ground 26. which charged error be
cause the court, in permitting TIE
witness, Harry Scott. to testify over
the objection OF defendant that he did
not get any Information from anyone
connected with the National Pencil
Company that the negro Conlev could
write, but that he got his information
as TO that from entirely outside
sources, and wholly disconnected VITA
the National Pencil Company.
Because the court overlooked
grouuu "a. which charged error be-
cause the court permitted the wit
ness Harry Scott. to testify over the
objection OF defendants counsel that
the witness first communicated Mrs
Whites statement about seeing a ne
gro on the street floor of the pencil
factory ON April 26. 1918. to Black,
Chief lanford and Bass Bosscr ha
the Information was given TO the de-
tcctiNes on April IS
RccSusc The court overlooked
ground 22 which charged error be-
cause the court erred i'm declining 10