0237 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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written, and that a new trial should be granted because the
argument was illegal, unwarranted, not sustained by the evidence,
and tended to inflame and unduly prejudice the jury's mind.
Neither the letter from Piokett nor the telegram was read further
than is shown in the foregoing statement.
93. Movant says that a new trial should be granted because
of the following grounds:
The Solicitor General having, in his concluding argument,
made the various statements of fact about the Durant case, as
shown in the preceding ground of this motion, the Judge erred
in failing to charge the jury as follows, to-wit:
The jury was instructed that the facts in other cases read
or stated in your hearing are to have no influence upon you in
making your verdict. You are to try this case upon its own facts
and upon the opinion you entertain of the evidence here introduced
94. Movant says that a new trial should be granted because of
the following ground:
The Solicitor General having, in his concluding argument, made
the various statements of fact about the Durant case, as shown in
the preceding ground of this motion, the Judge erred in failing
to charge the jury as follows: to-wit: The Jury are instructed
that the facts in other cases read or stated in your hearing
are to have no influence upon you in making your verdict.
You are to try this case upon its own facts and upon the opinion
you entertain of the evidence here introduced.
95. (ass) Because the Court should have given in charge the
instructions set forth in the preceding ground, because of the
following argument made by the Solicitor General, in his conclud-
ing argument to the jury, said argument being a discussion of the
facts of other cases, and requiring such charge as was requested,
the remarks of the Solicitor General in conclusion, being
as follows:
" Oscar Wilde an Irish knight, a literary man, brilliant, the
author of works that will go down the ages,--Lady Windermere's (?)
Fan, De Profundis, which he wrote while confined in jail; a man
who had the effrontery and the boldness, when the Marquis of Queens-
bury saw that there was something wrong between this intellectual
giant and his son, sought to break up their companionship;
154.