OCR Text |
Show HI SSYS HE IS THE VICTIM OF, i UNTRUTHS Motion for new trial in the case of the State against Frank Smith was denied by Judge N, J. Harris this afternoon and tho defendant was sentenced sen-tenced to serve an indeterminate term in the state penitentiary. The defendant's attornoy gave notice that an appeal would bo taken to the supreme su-preme court. Whon asked whether he had anything any-thing to say why sentence should not be passed on him, ho told the court that: "I am going to the penitentiary an innocent man. I had nothing whatever what-ever to do with tho robbery and tho truth about me was not told, at tho trial." Tho motion for new trial was based on affidavits to tho effect that John Worthlngton, Smith's accomplice, who turned state's evldenco, falsified when ho testified on the trial that Smith gave him tho watch which was taken from a Mr. West on Wall avenue and Twenty-second street. The attorney contended that Smith's conviction hinged largely on the testimony of Worthlngton, which waB not sufficiently suffi-ciently corroborated by creditable witnesses. nn |