The Birmingham age-herald., 1905-04-15
REMARKABLE CASE IF
 MISTAKEN IDENTITY PeroIio Tbinks Judge Jones is
 Chief Justice Fuller
 STORY OF A SUBPOENA i4.tian ettronnoned ae Witness In
Italian. Summoned as Witness In United States Court, Makes Start lina Discovery-Judge Jones
 Charge to the Jury.

Giovanni Perolio, formerly of Genoa Italy. like another distinguished native of that city. made a remarkable discovery yesterday.
 Christopher Columbus, by sailing west ward and keeping to his course came upon the outlying islands of the American continent. Giovanni Perolio, by looking westward, as he sat in the United states court room in the federal building yes terday and observing closely, found out that Judge Thomas c. Jones, thee United States district judge of Alabama, IS none other than the Hon. Melville w. Fuller, chief justice of the supreme court oi the United States"
 It happened this way: Giovanni hao been summoned as a witness in case before the United States district court. He was sitting in the rear of the court room, his eyes fixed upon the presiding judge and his face luminous with admir- ation for the man wno was administering justice there. In his hand Giovanni held two important "exhibits." The one was photograph of Chief Justice Fuller or the United States supreme court the other a "subpoena'' ordering Giovanni to appear as witness. From time to time Giovanni would examine both these 'eX- hibits" and send searching glances to- ward the bench where Judge Jones was sitting.
 The case at bar was that of the Rev. George W. Green of Fernbank, who was charged with sending obscene literature through the mails Counsel on each side district attorney making a vigorous argument for conviction, zell Gaston of Gaston x Curtis, springing to the defense or his client and making one of the most elo- quent and convincing pleas for aequittal recently heard in the federal court. The government had made out a pretty strong case against the defendant.
 Speeches of counsel over, Judge Jones began to deliver his charge to the jury. While the lawyers had been speaking Giovanni Perolio was all eyes and ears. Now that Chief Justice Fuller was about to deliver his charge Giovanni lis- tened with rapt attention. The facts in the case were so and so, said "Chief Justice Fuller" and the law was so and so. It was an impoEant case-the jury should weigh the evidence. give the defendant the benefit of every reasonable doubt, and hesitate long before they convicted, with out absolutely conclusive evidence, the defendant, who had been forty years a minister of the gospel. And so forth, and so forth, and so forth.
 Giovanni was right in thinking that the charge to the jury was an impressive one. It was just the kind of charge, Giovanni conf1ded to man who sat beside him, that man like .'Chief Justice Melville w. Fuller would be expected to deliver. "Fullerl" said the man beside Giovanni, Fuller! Chief Justice Fulleri What are you talking about, you blitherng Dago?"
 Just what say said Giovanni Just what say. That nan up there on the platform is Chief Justice Melville w Full Ter of the United States supreme court. ] He send me a letter to come here and l be at his court. Here it is, now con- tinued Giovanni, drawing out of his pock- ct his "subpoena" and showing 1t under the nose of the man beside him.
 "There Don't you see? Just read those words down there at the bottom of the 1 paper: Witness the lion Melville w. Fuller, Chief Justice of the supreme court of the United States I've got his | picture, too. Here it is," said Giovanni'