Atlanta Georgian., 1914-02-24

7 he twenty one grounds for = ne"
/ caring az hlcd with the supreme
court Tuerdav ln effect are as fol
lows
Because the court in rendering The
decision IN said case, overlooked the
material facts Iu the record tp W.T.
Ground IS of the motion for new trial
which related 10 the testimony oil
Miss cate regarding Bebccca Carsou'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 the
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 Grimm also IN reference to
the alleged conduct Of Miss Carson
and Frank,
The ground Just quoted set up ma
teriai facts constituting error In said
case. which the court. In the decision
rendered. overlooked, and which were
not considered in said decision, which
appears from the face thereof
Rotating 20 Lees Testimony.
Because the court, in rendering the
decision In said case. overlooked the
material facts I'm the record. to Wit.
Ground ! of The motion for new trial.
/ which related 10 Lees testimony in
regard to the length Of time Detective
| Black talked 10 him in comparison to
/ the length OF time Frank talked To
| him the night OF April 20
Because the court, in rendering the
decision ia 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-
mittinE over objections the witness
Lee to testify that Frank on April
90 when alone with him at the sta
ton house, talked 10 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 case. overlooked the
| material facts in the record. to wit:
Ground z, which related to the
testimony Of the witness Black that
Frank had counsel, Messrs. Rosser
and Haas. about or 8: 30 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. and Campbell were both
connected with the pencil company
and that she never reported seeing
| the negro on April &c, 1918. which
she testified she did see In the pen
ell factory to the city detectives until
May z. 1918.
Because the court overlooked
ground %. which charged error. be-
cause the court permitted. over the
defendants objection, the witness :
L. Rosser TO testify hat he visited
Mrs Arthur White subsequent to-
April 26 that the first time the wit
ness ever claimed to have seen the
negro at the factory when she went
| into the factory on April 26 was some
time abeut the 9Th or 9TH OF May,
Ground % said
This was particularly preiudicial
to the defendant, because the So
| lCitor Cpntcnded in his argument to
the jury that the fact that factory
employees aid not disclose the fact
| that Mrs. white saw the negro on
April 26 was evidence that the de
fendant was seeking to suppress tes-
tmony material to the discovery Of
! the murderer
Scott Testimony Attacked.
Because the court overlooked
ground 26. which charged error be
4 cause the court. in permitting the
| Witness Harry Scott To testify over
| the objection of defendant that he d'd
| 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 with
/ the National Pencil Company.
| Because tho court overlooked
ground ~ which charged error be-
cause the court permitted the wit
ness. Harry Scott to testify over the
| objection Of defendants counsel that
| tho witness FIRST communicated Mrs
| Whites statement about seeing a ne
gro ou the street floor of the pencil
/ factory on April 26. 1913. to Black.
Chief l.anfurd and Bass Resser, that
, the Information was given TO the de-
J teytINss ON April 2S
/ Bee, use the court overlooked
ground 80, which charged error be-
/ cause the court erred in declining 10