Atlanta Georgian., 1914-02-24

The twenty one grounds for new
hearing as filed with the supreme
Court Tuesday, ia erect are as fol-
lows.
because the court. in rendering the
decision In said case. overlooked the
material facts Ia the record, TO wit;
Ground SO OF the motion for new trial,
which related 10 the testimony Of
Miss Cate regarding Rebecca Carson's
entering the dressing room with
Frank
Said ground Just quoted set mp 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 TO the testimony Of
Maggie Griffin; also in reference to
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, IN the decision
rendered, overlooked, and which we're
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 20 wit
Ground ! OF the motion for new trial,
which related 70 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 In said case. overlooked the
material facts in the record. TO wit:
Ground 2 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
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 case. overlooked tho
material facts In the record. 10 wit:
Ground 7. which related 10 the
testimony OF the witness Black that
Frank had counsel. Messrs. Rosser
and Haas. about s or 5 80 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. 1918, which
she testified she did see in the pen
ell factory. to the city detectives unUl
May z 1913.
because the court overlooked
ground 20, which charged error. be
cause the court permitted. over the
defendants objection the witness :
l.. Rosser, TO testify that he visited
Mrs. Arthur White subsequent 70
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 eth or 9TH OF May.
Ground 23 said;
This was particularly prejudicial
TO 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-
fcndaut was seeking to suppress tes-
tlmony material TO the discovery OF
the murderer"
Scott Testimony Attacked
Because the court overlooked
ground 96. which charged error be
cause the court. in permitting the
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 Conley could
write, but that he got his information
as 20 that from entirely outside
sources. and wholly disconnected witu
/ 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
| the Witness first communicated Mrs
| whites statement about seeing ne
/ gro on the street floor of the pencil
/ factory on April 20. 1918. to BLACK.
! CHIEF Lanford and Bass Rosser. that
, the information was given to the de-
! tcytiNss on April IS
Bee,-us" the court overlooked
l srouud 9e, which charged error be-
/ cause the court erred in declining tu