The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1882-01-10

O4M68a
The U. S. Court at Jacksonville re-
sumed its session on Tuesday last. On
Wednesday the case of The United States,
VS.. r. NJ. Witherspoon and John S.
Haven, of Madison, was continued. The
trial of U. S. VS.. J. G. Gardner, ]. A.
Carlisle and E. A. CASTILLO, of Alachua,
was commenced. A motion to quash was
overruled. A severance was granted, on
the ground that one of the defendants,
Carlisle, would be used as witness. A
jury, composed of three white and nine
colored men was empanelled, and the day
was consumed in hearing testimony, which
was continued and the arguments begun
on Thursday. On that day the following
motion was presented in the cases from
Gadsden county, by Messrs S. b. Stephens
and S. PascO, of counsel for the de-
PENDANTS:
The United States vs. w B. Simms and W. O.
Jones; also cases 106, III, 112, ia, 118 and
120-U. s. Circuit Court
And now come the defendants in the above
stated and numbered causes, by their attorneys,
and move to continue the said causes 10 the term
of the court 10 be held at Tallahassee ON the
first Monday in February next and TO transfer
the papers therein to Tallahassee, on the follow
ing grounds to-wit:
l. The defendants live in Gadsden county,
about two hundred miles from Jacksonville and
about thirty miles from Tallahassee, and the ex-
pense OF meeting the accusations a ainst them
is largely increased by requiring them TO be tried
so far away from home.
g. Many of these defendants are in moderate
OF INDECENT circumstances and cannot afford the
expense of bringing all of their Witnesses to a
point so remote from their homes, and they feel
compelled to go 10 trial with only n portion of
their witnesses. but if they should be tried at
Tallahassee il would be within their power la
bring all their witnesses,
g. The trial Of these cases al Tallahassee would
lie less expensive 10 the government as well as
to the individuals
4 II tried at Tallahassee il will be before a
| jury made mp in part, at least, OF persons from
their own and adjoining counties, and they v III
have the advantage of the character and repu-
tation they have hitherto borne, and without
cnst and trouble Of introducing testimony 10
prove the same. II
5. Ii Tried al Tallahassee instead oil al Jack
sOnville they and their witnesses will not be kept
away from their families and business SO long
and they can return la their homes more fire.
quentlY aud look after their business interests a
little. which suffer materially during prolonged
absence.
g. In many ar all of these cases they require
the use Of the public records for preparing their
defence, and Il is maniiesily announcement 10 be
tried so remote from the same, and The incon-
venience TO the public of having their officers
summoned away 10 such distance is largely in
creased. +
2. The division Of the district and the estab-
lishment of session of the court at Tallahassee
was made for the convenience of suitors before
the court, and II is respectfully suggested that
the spirit If not the tenor of the law will be de-
ieated by requiring these parties to be tried two
hundred miles away from their homes, when the
court will hold early session 10 the county adj
joining that in which they reside. I
5. B. STEPHENs
s. PAsCo,
Attorneys for Defendants
This motion was overruled, the court
stating that however proper the motion
might have been in the earlier stages of
the cases, it was now out of order, as the
witnesses had all been summoned, and
the parties were prepared to answer to
the present session. The court further
said that it had not been before advised
that parties litigant in the United States
Court for the Northern District of Flor
ida desired their cases TO be tried at Tai
lahassee, and made the following order |:
II IL ordered that the Counties of Escambia.
| Santa Rosa, Walton, Holmes and Washington
shall constitute the Western Division Of the
| Northern District Of Florida; and the Counties
Of jackson. Calhoun, Liberty, franklin. Gadsden,
Leon, Wakuila Jefferson, Madison. Taylor and
Lafayette ahal constitute the Middle Division Of
said District; and the Counties Of Hamiltsn,
| Suwannee, Columbia, Baker, Bradford, Alachua,
Levy, 4aEiou, Gumief, Putnam, Clay. Duval,
Nassau, 81 Johns, Volusia, Orange, BFevard and
Dade, and any part Of said District not In any Of
the above Counties shall constitute the Eastern
Division of nd District
Il Il bhFthef ordered, that hereafter al misde-
meanoEA, o. other criminal offences. equitable
| By de District OF Circuit Court Of The United
States 6of sid District, which may becOsnmilled
In any cf the Couniies constituting the said
Western Division. shall be made rpluFnalle 10 q
term Of The court 10 be held AZ Pensacola. and all
| misdeme&n0Fs, o. other criminal offences, which
| may be eommltted In ANY Of the Counties coz
0tifnlinR the aaid Middle Division shah BE- made
rctuTnahle % 4 term to Be held ct Tallahassee.
and hose which may be committed ID any OF
the CouBtIe. constituting the said Eastern Di-
visi0B shall Be made fesufnable % Z term 10 be
held 81 Jacksonville.
Il d further ordered, that each Clerk and Com
miesioatr IL either Of said Courts shall be fur
nished BY the Clerk 1t Jacksonville with copy
q lAls order. and that he ssid Commissioners
act according thereto In recognising persGms
charged with crimes and misdemeanon, and in
Done shd ordered IA opea Court January 9Th,
A. d. 1854
The case Of U. s. ". Porter and Den
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