The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-11-15

Every one of the demurrers and OBJ
jections raised by attorneys for the
defense to the indictments in the
cases against employees of the Jack
son Lumber Co., of Lockhart, Ala,
was overruled by Judge Charles
Swayne in the United States District
Court Wednesday morning and, in
consequence, all of the charges will
be tried at this term of the court. The
first case, charging conspiracy to
commit peonage, was called at three
O'Clock and as soon as this trial is
concluded it is probable that the other
cases will be taken up without delay,
as all parties have evinced a desire
to get through with the matter at the
earliest possible moment.
! The objections and demurrerS to the
indictments principally consisted OF
arguments that certain portions there
tof, relative to the treatment the men
are alleged to have received at the
hands of defendants, should be strick-
en- out as it would have tendency
to prejudice the jury against the de
PENDANTS. The court held, in sub
stance, that il the government could
prove the allegations of Ill treatment
it was very essential part of its case
and came directly under the status
bearing upon the matter.
When court convened at 10 o'clock
the court room was crowded and the
deepest silence reigned as Judge
Swayne rendered his decision upon
the various points he had taken under
Amusement at the close of the pre-
ceeding days session. The defense
was represented by an imposing ar
ray of legal talent and the government
was assisted by Assistant Attorney.
General Charles W. Russell, of Wash
ington, who had been specially de-
tailed upon the case.
After the decisions had been rem.
dered short conference OF attorneys
ensued after which it was announced
that the first case had been continued
until three O'clock to allow the at.
tOrneys TO further prepare for trial, ii
being represented that such cOntln
uance would expedite the handling of
the case before the jury.
Afternoon Session.
The court convened promptly at
| O'Clock, but considerable delay en-
sued owing to the absence of the at
! torneys for the government. The de-
| lay displeased Judge Swayne who re-
buked the attorneys upon their ap-
pearance, saying that had a juror de-
layed the court fine would have
| been inflicted.
The case against Messrs. W. S.
Harlan, S. E. Higgins, w. S. Howell
and c. G. Hilton, all Of the Jackson
I Lumber Co, for conspiracy to commit
peonaGe was called and attorneys for
| defense announced that the indict-
ment had only been returned during
the morning and they had not had an
opportunity to examine il. They ask
ed for a few minutes 10 examine 1t,
which was granted. During the In
term the following jurymen were
called into the box;
G. W. Gray. J. II. Frederichsen, n.
Berlin. julius Boley, Il. l.. Hayne,
Richard Morris, /. u. Quigles, II. G.
DeSiIva. +. f. Brawner. VIM. NJ.
Johnson. T. H. Hartman, Z. Carkhun,
Grand Jury Reports.
II was announced that the grand
Jury was about ready to hand in Its
final presentment and Judge Swayne
announced his willingness to hear II
before proceeding with the peonago
cases. The grand jury appeared at
$50 and. after the roll was called
their presentment was submitted to
the court and the jurors excused from
further service.
attorney Loftin, for defense, stated
that. TO the new indictment, there
were 10 new grounds for demurrer
and the court announced that the
same railing that applied in other SIM
iilar demurrcrs disposed OF at the
morning session Cf the court would
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