The morning times., 1896-04-22
OTHER CASES POSTPONED
Compromise Agreed Upon in the
0Ieomafgarine Matter.
NO MORE TRIALS THIS WEEK
Grocer Kollock Convicted by the Jury
After Brief Deliberntfon-The In
dictments VIII Now Be Allowed to
Rest Under the Agreement
Reached-wiI Walt for the Appeal.

Inc Struggle Oh tne OieOibdTBdfiuc peo-
pie before Judge Cole in criminal court,
division, No. /, began yesterday morning
with a determined effort on the part or
Messrs. Wilson and Davis, their attorneys
to secure postponement of the remain
ing cases until the court OF appeals shan
dispose OF the case or Wilkes c. Prather,
the first one against whom a conviction
was secured, and who took an appeal
Monday.
Nr. Davis first asked that no more cases
be tried until the court of appeals had
handed down an opinion.
MANY DEALERS INDICTED.
There are little short of fifty people
indicted under this law,' said he, land
it would indeed be q hardship 10 have
them all go TO trial and then find that the
court OF appeals has overruled the judg-
ment in case that contained the fuDda-
mental principles OF all.
I'VE have had every phase of the case
except a plea OF guilty from the persons
indicted. -. There has been an acquittal,
conviction and hung jury. We now ask
that the cases may lie until the court
above passes on the Prather case"
Mr. Davis stated that there was no de-
sire of counsel for the defense TO delay
matters On the other hand, they wanted
to expedite them. There were hundreds
OF people lying in jail awaiting trial,
while all the accused were out on bail.
Both Judge Cole and Mr.. Birney cor
rected Mr.. Davis on thee last statement
and said the Jail was almos0 empty. There
have been very few people compelled to
spend long term in jail awaiting trial
in the last few years, said Judge Cole,
though he admitted that formerly 1t was
otherwise.
Mr.. Birney interposed that according TO
practice the court of appeals would prob
ably take temporary adjournment next
week and that no opinion could be handed
down In the matter until May. There
have been many trials in different parts
of the country all under the same statute.
No circuit court Of appeals has yet passed
| on the case, however, he said. Convictions
| had been secured in other courts. The
district attorney thought the cases should
proceed.
A COMPROMISE REACHED.
"Do you intend to try all now," asked
Judge Cole.
Not all OF them,'' replied Mr.. Birney,
"but certainly through the current week
Again Mr.. Davis pleaded for delay.
They were all cases of a class, he said.
There is a judicial precedent throughout
the country to let test case be made when
such a state of affairs exists. They asked
| for delay in good faith. There is an at
mosphere in the court room, he asserted,
| that will pervade it until the present
panel of the jury is excused. A potent
feeling has possession OF the jury.
THE ends of justice will not be injured
by delay" continued Mr.. Davis. THE only
| possible injury will be to the me who have
been put TO the expenses of their respective
| trials and then have the court OF appeals
| overrule a case similar to their own.''
Judge Cole said he did not think month
should be devoted to a trial of the cases.
They are cases OF considerable magnitude,
however, and might be prosecuted. The
| jury was familiar with the fact and there
was no necessity for delay.
| The decision finally reached, as stated
above, was a compromise between the
prosecuting attorney and counsel for the
| defense and Mr.. Kollock's trial was begun.
TRIALroF MR.. KoLLoCK.
| The manner OF ''making the case'' in this
instance tailed closely with that followed
| by the international revenue Officers in the
previous cases. The defendant store was
at the corner of Fourth and A streets south
| east. Inspector Fennell and Arthur g.
Van Horn, OF the internal revenue office,
went to the vicinity OF Kollock's store ON
the evening OF January last, taking with
| them Florence Davis, the colored ut
OF the latter.
The men waited at the corner OF Third
| and A streets and sent Florence down TO
KollocB's place TO make the purchase. She
| called for half pound OF butter and gave
! the seller 3 cents. She could not tell
from whom she bought the butter.
Mr.. Van Horu said the stuff she bought
was oleomargarine.
| You were in the butter business before
| you entered the service of the revenue
office, were you not?" asked Judge Wilson.
| who defended the accused alone.
Il was" answered Mr.. Van Horn.
1.-The chief reason for your employment by
the revenue office was to engage in the
detection of oleomargarine Law violations
was 1T not?"
81 went to detect violations OF all inter
| nal revenue laws"
Were you recommended"
| ~ was" '.'.-7-s-~'
by whom?"
Objection was offered and Judge Cole
sustained it. He only had one recommend
| alton, witness said.
W. W. Colquitt, an internal revenue
|