The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-29

fOrcible and eloquent manner. HIS
reference to some of the defendants, as
his friends of many years struck a
tender cord.
His arraignment of the alleged
poems. as hailing from the slums OF
New York, was scathing. His COM
pliments to Madam QuackenbOss were
also interesting.
He also logically demonstrated that
condition of peOnage must first be
shown to exist before there can be a
conspiracy to return one to that con-
ditiOn. He cOntended that the evil
dence did not show such a condition
at MaytOwn, Buffalo Bluff or eIse-
where. He also, demonstrated from
the evidence that the alleged poems
sought Mr. O'Hara at Sanford, deSirs
ing to go with him to Buffalo Bluff in
place of his forcing them to go; that
the evidence was strongly in favor OF
the defendants showing that none of
the defendants had ever compelled
one of the alleged poems to return;
but in each case where they had re-
turned, they had been induced by kind
ness and reasoning to do so. He here
exclaimed: God grant that the time
may never come when We shall con-
strue our laws to mean that we can
not freely approach any man, reason
on contract with him, 'on friendly and
honest terms"
Must Prove Force.
The speaker contended that in or
der to return an alleged peon to
condition of peonage there must be
force or intimidation that puts the al
legged peon in fear, and that the evil
dence must show facts on this point
that the mere statement that he
feared" or was 'intimidated," would
not be sufficient, as such statements
were only conclusions or opinions of
the witness; that if such expressions
were sufficient, the defendants would
be at the mercy of such witness. as
they could not look into his mind to
tell it's condition He maintained that
the testimony failed to show any facts
that would authorize the jury to find
that the alleged peon was intimidated
or forced He here exclaimed that
law was based on common sense, and
if they failed to try the case in COM
mon sense manner. justice would not
be done. He disclaimed all liability
for Saunders, as the defendants were
not present, nor did they authorize
any cruel treatment that he may have
been guilty of.
At this point Mr. Hilburn took up
the alleged cruelties, and contended
that the testimony clearly demonstrate
ed that the testimony which had come
81 fa1cn
and done with a design of creating
sympathy among the Jewish Associa-
tions, with view of getting some
thing for nothing, which had been the
result, as evidenced by their neat ap-
pearance, in contrast with what it was
when they came to Florida, showing
from the testimony that they had not
done days work since the case was
started against these defendants in
/ July.
At the close of his address Mr. Hill
burn was congratulated heartily, and
il is the general opinion of those who
heard him that he delivered one of the
ablest addresses that has ever been
delivered to a jury in the United
States court room of this city.
Col. T ooner's Speech.
Col Toomers speech was also a
brilliant effort He attacked the evil
dence the government had brought
out. He scored the running after pub
licity on the part of the prosecution,
beginning with 1.-THE Woman in
Black" and her stories of the Willin-
ski whippings, the published inter-
view of Mr. Russell, and other similar
instances.
Then he attacked the stories told
by the government witnesses, point
ed out the absurdities of some of the
tales. and. in magnificent peroration
characterized the entire affair as a
play for sensationalism. etc.
He closed with an eloquent appeal
for the defendants. His speech was
listened to with marked attention.
Mr.. Russell Speaks.
Assistant United States Attorney
General Russell then made the clos
ing argument
He made. it was generally admitted.
strong plea, as strong a plea as has
been heard in the United States Court
in several sessions. and closed with
forceful urging OF verdict OF con-
viction.