Atlanta Daily World

LOS ANGELES—(WS)—After an eloquent plea by Attorney Willis O. Tyler in behalf of his client Judge Robert H. Scott refused to grant Dr. Matthew J. Marmillion a new trial on charges of second degree murder that he had been convicted on as a result of a long drawn out trial over the death of Margaret Scott, beautiful 19 year old girl who expired on the table of Doctor Marmillion's office. The girl was assertedly the victim of criminal operation and the physician and surgeon was committed to prison for a period of from five years to life.

Judge Scott based his refusal on the grounds that it was his belief that another jury would bring in a like verdict and there was no need of going through another trial.

The jurist admitted that he had been prejudiced in favor of the defendant and believed that he had been an upright citizen, as testified to by his friends. He said that Archie Hairston, 26-years-old medical student, deserved the contempt of every right thinking person and stands convicted on his own testimony. The court continued and said he did not believe the testimony of Dr. Harris; he believed that Dr. Marmillion had performed the operation but believed that he had done so for the sake of the boy.

He scored the aged physician for leaving his patient in such a bad condition in the hands of firemen and believed that their trip away while the pulmotor squad was there was to get rid of something.

The long array of witnesses and the expert testimony which the accused man gave militated against him the jurist stated and because of his keen mind and deliberate demeanor the failure to report the matter to the coroner showed that he was trying to cover something up.

Upon receiving sentence, the attorneys for the defendant asked for probation, but it was denied. They then asked for ten days stay of execution and it was granted. During this time they will file an appeal to a higher court.