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everybody knows are incompetent.

The Court: Well, I sustain your objection.

Mr. Arnold: If the effort is made again, your Honor, I am
going to move for a mistrial. No man can get a fair trial with
such innuendoes and insinuations as these made against him.

The Court: Have you any further questions, Mr. Dorsey?

Mr. Dorsey: That is all I wanted to ask him. I will bring
Gantt in to impeach him.

The Court: Well, I have ruled that all out.

Mr. Dorsey: Well, we will let your Honor rule on Gantt too.

The assertion by the solicitor that this witness did make the
suggested complaints to Gantt, the insinuations involved in the
questions of the solicitor that Frank had committed disgraceful
and prejudicial acts with the witness and the final assertion of
the solicitor when the Court ruled it out that he would intro-
duce Gantt and let the Court rule on Gantt too, was highly
prejudicial to the defendant. The Court erred in permitting the
solicitor to make the insinuations and to indulge in the threat
that he would let the Court rule on Gantt too, in the presence of
the jury and without any rebuke on the part of the Court. The Court
erred in not formerly withdrawing these insinuations and assertions
from the jury and in not of his own motion summarily rebuking the
solicitor for his conduct. The mere ruling out of the testimony
was not sufficient. Nothing but a severe rebuke to the solicitor
would have taken from the jury the sting of the
insinuations and threats of the solicitor.

34. Because, while Mrs. Freeman was on the stand, after tes-
tifying as to other things she testified that while she and Miss
Hall, on April 26th, were at the restaurant immediately contiguous
to the pencil factory, and after they had left the factory at
11:45 o'clock A. M., and had had lunch, that Lemmie Quinn
came in and stated that he had just been up to see Mr. Frank.
Upon motion of the solicitor this statement that he had been up
to see Mr. Frank was ruled out, as hearsay.

This statement of Lemmie Quinn was a part of the res gestae
and was not hearsay evidence and was material to the defendant's
case. Lemmie Quinn testified that he saw Mr. Frank in his office
just before he went down to the restaurant and had the conver-

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