0198 Sheet – Supreme Court Georgia Appeals of Leo Frank, 1913, 1914

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the hour and the Cooper Street car is due seven minutes after
the hour. In order for the English Ave. car to cut off the
White City car, the Cooper Street car would have to be ahead of
time, that is the English Avenue car would have to be ahead of
time. If the White City car was on time at 12:05, the English
Ave. car would have to get there before that time to cut it
off. That happens quite often. I do know that the car that
Mathis and Hollis were running did come into town ahead of time
very often, especially if it is on a relief trip. I have known
it to be four or five minutes ahead of time."
The Court admitted this testimony over the objections above
made and in doing so committed error for said reasons.
This was prejudicial to the defendant, because it was material
to his defense to show, as sworn to by the conductor and motor-
man that the English Ave. car reached the corner of Broad and Marie-
tta, Streets at 12:07 and it mislead the jury to admit
evidence tending to show that at other times this same car
run by Mathis and Hollis reached the City ahead of time.
Nor would it be material for the purpose of contradicting the mo-
torman who swore that he did not run ahead of time any time
for whether he run ahead of time at other times would be immateri-
al, and a witness can be impeached only as to misstatements
of fact material to the issues in the case.
52. Because the Court permitted, at the instance of the
solicitor and over the objection of the defendant, made when the
evidence was offered that same was irrelevant, immaterial and
incompetent, the witness Henry Hoffman, to testify as follows:
"I am an Inspector for the Georgia Railway and Power Co.,
I know Mathis, the motorman who runs on the English Ave.
car. He is under me a part of the day. He was under me on April
28th, from 11:30 A. M. to 12:07 P. M. Under the schedule, his car
is due at the junction of Broad and Marietta Sts., at 12:07. Pr-
ior to the beginning of this trial, I knew Mathis was to be
cut off the Fair Street car. Under the schedule for the Fair St.
car, it arrives in the center of town, junction of Broad and
Marietta at 12:05. At the time Mathis was running ahead of this
115.