Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1916-06-06
INVES, SENTENCED To
SEVEN YEARS, WILL
ASK FOR NEW TRIAL
viii Claim Judge Hill Erred in
Charge and Rulings Claim
Venue Was Not Established
and Cite Other Grounds

Attorneys for Victor f. lines, found
guilty Saturday afternoon by a jury in
the Fulton superior court of larceny
after trust from Mrs. Lois helms Dem
mis- and sentenced by Judge Ben Hill
TO seven years, the maximum penalty
will file a motion for a new trial.
\ Judge James X. Hines, chief counsel
I for the wsfense. made an announcement
to this effect Saturday night and said
the motion would be filed probably Mon
day or Tuesday. Judge Hines added that
in the event the new trial was refused a
general bill of exceptions would be filed
| preliminary TO appealing the case to
the state court OF appeals
/ Grounds for the new trial motion
will be that Judge Hills erred in his
charge to the jury; that he erred in
several rulings admitting certain evil
dence: that the venue of the case was
not established and the evidence was
not sufficient to justify a verdict Of
guilty under the indictment. 1t is
probable that other grounds may like
wise be incorporated in the motion.
IL is uncertain when Mrs. Ida May
lines. the wife of Victor +. Innes, will
be tried for larceny after trust. Tht at
turneys for the defense are anxious TO
try her without delay, in order to pre-
clude a long confinement in jail; but
Solicitor Hugh NJ Dorsey indicated yes
terday that he will insist on postpon-
| ing the trial of Mrs. lines until the
higher courts have finally passed upon
the case of her husband.
lines and his wife were Jointly in
dicted but separately tried. the husband
being tried first. The indictment
charges them with larceny after trust
of the money of Mrs. Elois helms Den
mis- and il is contended by the state
that they were in a conspiracy together
TO defraud Mrs. Dennis of all her mon
ey.
At ESQ o'clock yesterday afternoon
Judge Ben II. Hill concluded his charge
to the jury and they retired to make
up their verdict. Exactly one hour later,
at $3.50 o'clock, they returned to the
court room and announced verdict
CT guilty on all four counts.
PLEA FOR LENIENCY.
Attorney c. l.. Pettigrew, of counsel
for the defense, Immediately arose and
requested permission for lines to mako
a statement before sentence should be
passed upon him. Judge Hill granted
the request and Innes advanced to the
front of the bench and said:
/ would ask, then, if your honor
please. that being a man forty-nine
wears of age, with a wife who has
been absolutely dependent upon me.
and a family of I'VE children, also
dependent upon myself-this wife
has been suffering from tuberculo-
sis and general debility. through re-
cent motherhood of twin babies
that il your honor finds any extern
uating circumstances which justify
any mercy as far as the term Of
sentence is concerned, and extends
me the benefit of a short term, j
know that you will confer more aid
on innocent people who are depend
ing upon me. and my wife, and ! will
appreciate il personally myself.
did not intend to make any state
ment pro or con with regard to any
defense that / had interposed in this
case. for the reason that L have de-
pended upon my counsel entirely,
and in following their advice / have
withheld any defense. believing
that il would come out on appeal
that no offense was proven. tMrs.
lines was crying during the state
mentD wish that your honor
would take into consideration those
who are dependent upon me, my
children and my wife, i'm her I'M
fortunate condition.
When Innes had finished this state
ment Judge Hill passed sentence upon
him i'm the following language:
When the defendant in this case
stated that he was not able to en-
ploy counsel the court. in accord
ance with the law of this state and
with court practice, selected three
lawyers Of ability and eminent char
acter to represent you. | wish now
to express publicly to those lawyers
the courts appreciation of the able
and conscientious manner in which
they performed their duties as
members OF this bar. 1t is n great
~
sion to defend the penniless client
with the same zeal and earnest
ness as to defend one who is able
TO paw with the wealth OF a Rookie
Teller The court is not i'm the hab-
II Of occurring defendants Certain
~ a lecture to this defendant would
be out OF place. | will content my
self with simply stating that the
defendant in this case, Victor +.
lines, shall he confined TO the peni-
Tertiary OF this state. at hard labor.
FOR the full term of seven years.
Judge Hill then announced a recess of
court until next Monday week. and the
spectators rose and filed out OF the
court room. while Innes and his wife
departed through tho prisoners en-
trance. the wife with her face buried in
I handkerchief, weeping bitterly.
Later in the afternoon the attorneys
r,senting Iunes and his wife held
/ g. conference and determined to begin
/ efforts TO secure a new trial.
Saturdays session of the trial was
taken up with arguments Of the law
yers for the defense and for the state.
When court opened 1T . o'clock in the
morning il was announced by Judge
Hines that the defense would introduce
nothing in rebuttal TO the states case,
not even placing Innes on the stand 10
make a statement, and that they would
rely upon the weakness Of the case
: which the state had undertaken TO make
! against their client.
| By this move the attorneys for the
| defense secured the opening and clos
/ ing argument. and Judge Hill announc-
7 ed that each side would be allowed two
hours to present its case.
Attorney Z. L. Fettigrew led of for
I tine defense. First he devoted himself
/ 10 the legal points raised by the de-
| Tense. These consisted as follows:
First. that the venue of the case was
| not established in Fulton county, for
| the reason that the courts of this state
have no jurisdiction over crimes com
/ mitted outside the state, even admitting
! that a crime had been committed in this
| case, which the defense did not admit.
| Second. that joint larceny was alleged
/ in the bill of indictment and no larceny
had been proven either against Innes
4