Atlanta Georgian., 1914-02-24

| The twenty-onc grounds FOR new
! hearing as filed with the supreme
/ Court Tuesday. IN effect are as fol
4 lows
| Because the court. lu rendering the
/ decision lu said case. overlooked the
material facts In the record. 10 wit
/ Ground ~ Of the motion for new trial,
| which related to the testimony ot
l Miss cate regarding Rebecca Carson =
1 entering tine 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, iu rendering The
/ decision In said ease. overlooked the
material facts I'm the record, to wit.
I Ground 90 OF the motion for new
! trial which related 20 the testimony of
| Maggie Griffin. also in reference TO
I the alleged conduct Of Miss Carson
| and Frank.
The ground just quoted set up ma
terial facts constituting error In said
I case. which the court, in the decision
rendered, overlooked and which were
! not considered In said decision, which
appears from the face thereof
Relating TO Lees Testimony.
Beause 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
I Black talked to him I'm comparison TO
/ the length Of time Frank talked to
rim the night of April %
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
20. when alone with him at the sta
tion 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 case, 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 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 20. 1913, which
| she testified she did see I'm the pen
| ell factory. TO the city detectives until
May 7, 1918.
Because the court overlooked
ground %. which charged error. be-
| cause the court permitted. over the
defendants objection. the witness $
J.. Bosser. TO testify That he visited
| Mrs. Arthur White subsequent to
April 20; 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 20 was some
time about the 9Th or 7th Of May
Ground % said:
This was particularly prejudicial
10 the defendant, because the So
licitor contended 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 to suppress tes-
tlmony material to the discovery OF
the murderer"
Scott Testimony Attacked.
Because the court overlooked
ground 26. which charged error he
cause the court. in permitting the
| witness, Harry Scott. TO testify over
the objection OF defendant that ne did
not get any information from anyone
| connected with the National Pencil
Company that the negro Cehley could
write. but that he got his informant tion
as 10 that from entirely outside
| sources. and wholly disconnected with
/ the National Pencil Company
Because the court overlooked
ground ~, which charged error he
| 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 ne
| gro on the street floor OF the pencil
| factory on April 20. 1918. 70 Black
| Chtef Lauford and Bass Rosser. that
, the Information was given to the de-
! tectiyes ON April IS
| Because the court overlooked
ground 81, which charged error be-
cause the court erred in declining to