The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-11-16
Says The. s S No Justiica-
ton For : rying a Re
volver z This
Coz 8 V.
Damaging Evidence Is Adj
duced in Peonage Con-
spiracy Cases.
DEFENSE is oVERRULEo IN EF.
FORTS TO HAVE PORTIONS OF
EVIDENCE STRICKEN OUT
WITNESS TESTIFIED TO BEING
HELD UP IN ROAD AT POINT OF
GUN.
BY Ben, n. Thomas,

| OHly UNS Wll0CSS6S WIRE examined
yesterday in the case of w. S. Har-
/ lan ct Al, now on trial in the United
States District court, the charge be-
ing conspiracy to commit peonage,
but considerable important evidence
of damaging character was adduced
notwithstanding the almost constant
attempts of defense to have certain
portions thereof stricken from the
record. In ruling against defendants
where they sought to have the record
stricken out as it applied to other
than actual defendants in the case
Judge Swayne stated that a conspir,
acy charge was different from any
other and the course of procedure ale
lowed much greater latitude in the,
evidence
notable feature of the day cams
near the close of the session when
Judge Swayne expressed himself very
forcibly against the habit of Carrying
revolver and stated emphatically
that the practice was without the
slightest justification, even if the
parties had given bond and had been
granted a permit.
Mrs. Mary G. Quackenboss. special
assistant district attorney, of New
York, who is connected with a case
pending there against certain labor
employment agencies who have been
instrumental in sending many labor
ers TO the southern states, was pres
ent throughout the session yesterday
and made copious notes of the pro.
ceedings. 1t is possible that the evil
dence adduced in the present case
will be used against the New York
labor agency when their case comes
to trial, which will be in the near
future.
The Morning Session.
AT the beginning of the trial of the
case against Messrs. w. S. Harlan, s.
+. Higgins, Jeb S. Howell and C. C.
Hilton District Attorney Sheppard
gave notice that a subpoena deuces
tecum had been issued TO William W.
Porter, the bookkeeper of the Jackson
Lumber Co., who is alleged to be the
custodian Of the books and accounts
OF the said company, showing the
dealings between certain employees
and the company, the contracts enter
ed into, etc, calling upon him to
Drlng such accounts before the grand
jury, and, as this had not been done
the contracts and accounts would be-
proven by secondary evidence. In ac.
cordance with precedent laid down in
previous cases. w. w. FlOurnoy.
leading counsel for defense could not
see the necessity for the notice and
LOOK the position that the question
should be taken up and disposed of
IN It's regular place. There was nd
ruling upon the matter.
District Attorney Sheppard then adj
dressed the jury at considerable
length, explaining the conspiracy
charge that had been made against
the three defendants and the manner
In which said charge could be proven
according to law. Peonage. which is
the overt act of this alleged conspira.
cy, he explained, was the holding of
person to work out debt. either
fictitious or real, against the will Of
Such person. The peonage Itself
might be proven by acts and circum-
stances that tended to intimidate a
man, morally or physically, and it
was not necessary that actual violence
should be exercised The conspiracy
was to commit such act OF peonage.
and 1t was the intention of the gov.
eminent to show that the acts OF the
individuals on trial were in concert
and in pursuance of an understanding
Or agreement. As soon as a concert
of action was proven, said Mr.. Shep-
Dard. any act of one that may be prov
en-. is not only proven against such
defendant but against all of them.
The purpose of the United States
was to guarantee liberty to all, ana
t was the function OF the court to see
hat the liberty that was guaranteed
% all was allowed them. There could
De no liberty when a condition OF
0eonage existed in any portion OF the
country. Mr.. Sheppard also explained
% the jury that. although the consul.
'acy may have been arranged I'm the
state of Alabama, If any overt act haa
been committed in the state of Flor.
da, the offense came under the juris-
fiction Oh the Florida courts.
Attorney Loftin made the openIn1
ADDRESS Tor the defense, at first read.
ne portions of the Indictment rem.
Tered by the grand jury. He stated
hat it was not the desire OF the de-
ense to conceal anything relative to
he action of employees of the lack.
on Lumber Company in the case
il course, said Mr.. Loffin Il wae I'M.