The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1903-09-25

| "as heard oy the same Judge
who presided ut the trial. and who
heard all the evidence, and upou dine
consideration, said motion WAS over
ruled From the judgment on that
verdict no writ of error TO the higher
court mas been taken. ALI OF which
appears on record in the United
states circuit court, ut Jacksonville
where anyone interested NAV consult
the records and inform himself.
Dir. Callison came into court ac-
compsnied by five lawyers and no less
Than three of the ablest members of
federal bar were heard by the jury i'm
his defense. No man ever had n
fsIrer chance to vindicate himself.
was present at the trial and heard
al OF the evidence, Mayor Thomas
does not say that he did. But | saw
emphaticslly that my recollection of
the testimony is not i'm accord with
Mayor Thomas letter. However, the
experience OF English speaking peo.
pie has led th-m to regard trial by
jury as the hest known method of
determining questions of fact. In.
deed, under the federal law. higher
courts are powerless to reverse the
finding Of that jury upon the facts and
can only review questions OF law,
Tor no one, however eloquent, can
bring before the appellate judges the
testimony as il came to the jurors
from the lips of the living witnesses.
No more can any writer bring before
your readers that testimony as il
came to the jury. L suppose, there
fore, your readers must, like the
Judge, accept the finding of that jury.
Its impsrtiality has never been
questioned, and when you take into
consideration that that jury included
such men as Mr.. Georg4 Wolfe, of
Fernandins, for many years clerk of
the circuit court for Nassau county;
Mr.. VI. L. Masters, OF ST. Augustine;
Mr.. Louis Starke, formerly deputy
clerk of the United States court in
Jacksonville; Mr.. John r. Thurber,
for number of years comptroller of
the city Of Jacksonville, and others
less well known to the public, their
unanimous verdict seems to me safe
finding for the public 10 accept and
abide by.
It may be true that "when Mr.,
CalIison WAS in the phosphate BUSH
ness and leased the convicts, his men
were the best provided for perhaps Of
any in the state" but whether or not
it is true and whether or not Mr..
Brake was ia the whiskey business
and other questions suggested by Mr..
Thomas seems to me Irrelevant TO the
main issue, which is, as L take il,
whether a boy convict In Alachua
county's prison could be subjected to
such treatment as was charged and
60 free without action by the grand
jury and state authorities generally.
1t may not be relevant, (it was not
before the jury that just before leav-
ing Alschus county to attend the
trial Of the case, Mr.. Callison convey
ed large part if not all of his property
real and personal to II. F. Dutton &
Co., of Gainesville. But brushing
aside irrelevancies, there can be no
doubt, and il was so stated to the
jury counsel at the trial: If these
things be true, the state stands de-
filed with a guilty shame. The ver-
dict rendered brands the whole state
with the mark of guilt. 1t will be so
taken by all who learn of it. 1t be-
hoOves us, therefore, who are citizens
and residents of the state, to do as
Mrs. Brake would have us to do:
prevent repetition of anything of
this character"
To that end L write this letter, and
hope you will publish it.
Sincerely yours,
GEORGE &. BEDELL.
m r