The Birmingham age-herald., 1904-10-04
E. I. FAULKNER IS
 TO BE BOUND OVER
PRELIMINARY HEARING BEFORE COMMISSIONER IN WHAT IS KNOWN AS STRAWBERRY CASE" CONCLUDED.

The preliminary hearing of the cases against E. T. Faulkner, the commission merchant, charged with using the United States mails for fraudulent purposes has been concluded. Faulkner was arrested at the instance of the postal authorities and the preliminary trials were held be- fore United States Commissioner Birch.
 The commission held up it's decision In the cases until this morning. According to the statement of Attorney Sterling A. Wood, who represented the defendant, Faulkner will be bound over to the fed eraI court on a bond not exceeding $500 in each case.
 Attorney Wood yesterday afternoon made the following statement with re- gard to the charges against Faulkner:
 "One of the cases for which 10. T. Faulkner who has been and is doing business IS the Birmingham Commission company, was charged with using the mail for fraudulent purposes, was what was known as the strawberry case.' In this case the evidence in which there was no substantial conflict, showed that sun dry German farmers at or near Hance- vile shipped to the Birmingham Com mission company, some two dozen crates of strawberries About half of these strawberries were delivered by the Bir- mingham Commission company to the Cooper Produce company, and about half to P. Giacopazzi, jobber in produce. Of those delivered to the produce company the evidence showed that remittance was made direct to the shippers by order of Faulkner and his brokerage paid direct to him. Of those delivered to Giacopazzi trouble arose in this way:
 Tt seems these strawberries were shipped without any billing or other noti- fication from the man who shipped them, except that the name of the shipper was on the crate. The evidence showed that 1t was the duty of the shipping clerk of Giacopazzi to have taken down these names and in his account of sales to the Birmingham Commission company. have stated on whose account the berries were sold. The shipping clerk neglected to take down the names and in his account of sales failed to disclose 1t. The commits sion company applied for the names to whom the remittances were due, and were promised them, but they were never fur nished. This shipment got mixed also because the berries brought different priees and there was no account of the price at which each mans berries was sold It thus appeared that Faulkner had not remitted for the berries because he did not know to whom to remit. It was further contended for Faulkner that he has been and Is still doing a large busi- ness as the Birmingham Commission com pany. and that the cases brought against him are just such incidents as will oc- cur In any we'll regulated business.
 The first case against him involved the Slipmnnt Of Rhi0lxano It seems that this shipment. or rather a part of 1t, were consigned to the Birming- ham Commission company, which was in reality Faulkner, to the Agremi Produce company, and that they charged it to the wrong person. This error occurred be- cause they were already dealing with one firm at the place of shipment, and sup posed 1t was from the same firm. In this case Faulkner claimed that he had no returns from his account of sales by which he could properly remit. About the other part In regard to certain eggs. there was dispute, they being delivered by the express company to MT. Killian, and he testified he had no record of 1t, and had never accounted to the Birmingham Commission company for the same.
 Tt seems the governments position Is that this was the use of the mail for a fraudulent purpose. The contension of MT. Faulkner is that he is doing a legitl- mate business.
 "The evidence for the defendant by almost all of the brokers and commission merchants on Morris avenue was that he is smart and hustling broker and had some enemies, and that his business had run up into hundreds and thousands and perhaps tens of thousands of dollars and had been satisfactory. MT. Faulkner will still contend that he Is wholly innocent of the charge against him and is seeking to establish 1t by the writs of habeas cornus before the district iudgen