0230 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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became material to determine what time this English Ave., car
reached Broad Street on the day of the murder. The motorman Mat-
thews and the conductor, swore that on that day the English
Ave., car reached Broad Street at 12:07. The Court permitted
this and other like testimony to be introduced tending to
discredit their statements that the car was on schedule time
that day. In doing this the Court erred, for the fact that
the English Ave., car was ahead of time as much as four
minutes on other days did not indicate that it was ahead of time
on the day of the murder.

89. (jjj). Because the Court erred, over the objection of the
defendant that the same was irrelevant and immaterial and preju-
dicial to defendant, in permitting the witness W. D. Owens to tes-
tify as follows:

"I run on what is known as Route Eight, White City to Howell
Station, for the Georgia Railway & Power Co. We were due in
town at 12:05. My schedule is ahead of the Cooper Street and
English Ave., schedule two minutes I have known the English Ave
and Cooper street car to get to the junction of Marietta and
Broad Streets ahead of my car. The English Ave., car is due there
at 12:07; my schedule at 12:05. I have known the English Ave.,
car to get there as much as two minutes ahead of time. That would
make the English Ave., car four minutes ahead of time. I have
known this to occur after April 26th, I don't know whether it oc-
curred prior to that time"

The Court permitted this testimony over the objection before
stated, and in doing so erred for the reasons stated. This was
prejudicial to the defendant because it tended to show that at
times other than on the day of the murder, the English Ave., car
which on that day was run by the witness Motorman Matthews, had
reached Marietta and Broad Streets four minutes ahead of time.
It became material to determine what time this English Ave.,
car reached Broad Street on the day of the murder. The motorman
Matthews and the conductor, swore that on that day the English
Ave., car reached Broad Street at 12:07. The Court permitted
this and other like testimony to be introduced tending to
discredit their statements that the car was on schedule time
that day. In doing this the Court erred, for the fact that the