Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1916-06-02
Decision in InneS Trial Is
Reached After Big Argument
by Counsel for State and
Defense

In prosecuting Victor r lines and
mis- wife on a charge OF larceny after
trust in connection with the mysterious
disappearance or the helms sisters. the
state will not be allowed TO Introduce
evidence in an effort to show that lnnes
and his wife murdered Mrs. Elois Nelms
Dennis and eBatrice helms in a bun
gaIow rented and occupied by Innes in
San Antonio. Tex
This was decided Tuesday morning
- =gdge Ben H. Hill, who is presid-
rur over the trial. after hearing argu-
ments from counsel on both sides con-
corning the sdmissibility OF such evil
dence.
In rendering his decision Judge Hill
said:
II congratulate the attorneys for the
state for the very able argument they
have made as 10 why the evidence touch
ing alleged homicide should be admit
ted
Il recognize this as a serious point.
and II is one that has given me much
trouble. believe that the doctrine
that a man on trial for one crime can
have another proven against him rs a
dangerous doctrine There are times
when the court must hesitate to admit
evidence that is relevant. There are
times when osme relevant evidenme may
so preiudice the jury that II is blmded
rather than enlightened.
ALL JCEIES ARE HUMAN
1T is probable that before jury o.;
human beings-and all juries are human
the Iurid picture OF murder drawn
on able counsel would prevent a fair and
lust consideration of the charge OF lar
cenv. II is clear to my mind that the
evidence
that has no connection with the alleged
murder in Texas.
The mere contention that murder was
committed 10 cover traces OF larceny
would not be SUFFICIENT 10 convict Tor
larceny.
..After earnest consideration l nave
decided 10 exclude all evidence relating
"a a homicide and 10 confine this case
10 direct testimony on the larceny
charge"
Judge Hills ruling was announced
shortly after Il o'clock. and ne then
took a recess until 1 o'clock.
AFTERNOON SESSION.
When court reconvened at j O'Clock
TUESDAY afternoon. Judge Hill instruct
"a the iurv that any evidence bearing
an the alleged murder OF Beatrice helms
ana Mrs. Lois helms Dennis had been
ruled ont. and that any remark bearing
ON this phase OF the case that nad
been previously made. was not 10 De
considered
n. Y Weathers. q real estate man,
was the first witness called Tor the
state.
Weataers who handled a number OF
real estate transactions for Mrs. Dennis,
said he had his first dealings with her
in December. 1912, when she came 10
his office and listed her Fulton county
property for sale
Did you ever see lines writer asked
solicitor Dorsey
yes. in April. 1914, in my office, and
again az the corner OF Alabama ana
Broad streets. during the same week"
who was he with. then!
Mrs Dennis"
Continuing. weathers testified. In
1912 Miss Beatrice NeIms and i had
number OF business transactions. In
that connection we took trip to Mon
roe county, together with Mrs Dennis
and a client OF mine named Cox we
also went TO Macon.
At this point Solicitor Dorsey in
terrupted:
would you recognize the handwrit-
ing OF Victor e. Innes?
YES"
SAW LETTERS FROM INNEs.
Did Mrs Dennis show YOU any let
1srs from him@'
Yes. several
Did you ever have the custody OF
any of those letters:"
Yes. but she took them back in the
spring of 1914, and haven't seen them
sInce. although I have looked for them
What were the contents of the let
ters--'
After legal skirmish Judge Hill al
lowed the witness to answer this dues-
ton
One Of the letters / saw on that
trip was about lands in Mexico, he said.
about how many letters from Times
10 Mrs Dennis did you see?"
she kept q lot of them i'm my Of
Zee. and I suppose / must have seen
fifty in twelve months time"
What did any OF these letters say
with reference to Montana landsg
IN the summer. she received circu-
lars and drawings in regard to Montana
lands located as miles from Lewiston
and near town called Judith. 1 had
to look up some maps and schedules for
her lines claimed to have paid some
money on those lands. but said he need
ed more. In November she sent $500