0197 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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" I am a motorman for the Georgia Railway and Power Company,
running on April 26, 1913, on Marietta to Stock Yards and
Decatur street car. The Cooper and English ave., run is on the
same route from Broad and Marietta Street to Jones Ave., Prior to
April 26, 1913, the English Ave. car run by Waches and Hollis on
it did run to Broad and Marietta streets ahead of time, how
much ahead I cannot say positively. About April 28th and subse-
quent thereto Waches and Hollis, in charge of the English Av-
car, about twelve o'clock when they were due to get off at dinner
did come in ahead of time. I have seen them due or three minutes
ahead of time. At the time they were relieved, I got to Broad and
Marietta Streets about 12:05. When I would get there on schedule
time, I don't know where Waches and Hollis were, they should
have been coming in. When Hollis would be at the corner of
Broad and Marietta Streets, and his car would not be there, and
my car would be on time, Hollis would leave Broad and Marietta
street for dinner on my car."

The Court permitted this testimony to go to the jury over
the objections stated and in doing so committed error for
the reasons above stated. Movant contends that this was prejudicial
to the defendant because it was a material matter to determine
at what time his car got to Marietta and Broad Streets on the day
of the murder, and it confused and mislead the jury to hear tes-
timony as to when he got there upon days other than the day of
the murder.

51. Because the court permitted the witness J. C. Yowhen,
at the instance of and over the objection of defendant that the
same was immaterial, incompetent and irrelevant, to testify:
"I am a street car motorman, Previous to April 26th I ran on the
Cooper street route something like two years. On April 26th, 1913
I was running on Marietta and Decatur Streets. The Cooper street
car or English Ave., car run by Hollis and Mathis was due in
town at seven minutes after the hour; the car I was running was
due at 12:10. The White City car got into the center of town
at five minutes after the hour. About April 26, 1913, the Cooper
Street car or English Ave., car frequently out off the White City
car due in town at 12:05. The White City car, it is due five minutes after
before the English Ave., 114.