The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-01
Strong Evidence Against the
Defendants Was Adduced
in Court Yesterday.
Fourteen Witnesses Heard
on Behalf of the Gov
eminent.
GALLAGHER, GRACE AND SANDoR
DIRECTLY CONNECTED WITH
THE CAPTURE AND RETURN OF
THE HUNGARIAN, MIHALY-
SHARP TILT BETWEEN ATTOR-
NEYS OVER QUESTION OF LAW.

Considerable progress was made
yesterday in the trial of w. S. Harlan,
Robert Gallagher ct al on the charge
of conspiracy to commit peOnage, in
the United States Court, fourteen wit.
nesses being examined on behalf OF
the government. The witnesses heard
were J. w. Rafford, c. Frank Dunk
ley, H. K Caldwell, ]. c. Satterwhite,
John Atwel, Mr.. Stokes, julius
Rhodes, J. B. Barlow, Jesse Kemp. J.
T. Virgins, Judge James Johnson,
C. H. Moneke and Ben Fl.
Thomas. Messrs Rafford, Caldwell,
Virgins and Thomas were new wit
nesses, not having been heard at the
trial of Harlan. Hilton and Higgins,
which was recently concluded with the
conviction of the three defendants.
With these exceptions the testimony
was the same as has been heretofore
reported.
]. w. Rafford testified to converse
ton with Dr. Grace at Lockhart with
reference to bringing man back to
the camp in buggy. Witness was
at the time an employee of the Jack
son Lumber Co, by whom he was en-
ployed for thirteen months. He is at
present a resident of Pensacola
Mr.. Caldwell, who is farmer re-
siding near Laurel Hill testified that
he saw the defendant Gallagher and
two other men in a buggy talking with
Deputy Sheriff Atwell and that the
men had told Atwell to watch for
man on the train and take him off.
Saw MihaIy Returned.
| ]. r. Virgins, a lawyer. residing al
, Florala stated that he saw the de-
PENDANTS Gallagher. Grace and Sander
bring the Hungarian, Mihaly, into
Florala and heard one of the three say
that the man had either run or gone
away and that they had run the
scoundrel down" On cross examina-
ton he testified that Manager Harlan
of the Jackson Lumber Co, had
signed affidavits against certain par
ties in. Judge JOhnson's court.
After the testimony of Moneke had
been given Judge Johnson was re-
called and a lively tilt ensued between
| Judge L, !. Reeves. of defense. and
District Attorney Sheppard over u
question of law. it being alleged hy
Judge Reeves that the reason for the
recalling of Johnson was for the pur-
nose of impeaching the testimony OF
Moneke. (which the judge contended.
was not allowable The court decid-
ed that. according 20 general practice
il would not be allowable but that. I'M
der the circumstances considering the
condition Of Moneke. the testimony OF
Judge Johnson would be allowed.
Noneke had testified that Mr.. Harlan
had signed a certain affidavit in Judge
.Johnson's court and the Judge. upon
being sharply questioned, stated that
# was the custom Of Mr. Harlan TO
telephone to FlOrala. giving authority
for the signing Of his name to atfida.
Wits against employees of, the COM
pany.
Harlan's Letter.
Ben. H. Thomas, OF The Journal
staff. testified to having received let
ter from the Dostoffice addressed to
the editor Of The Journal and to hav-
: ing opened and read the letter. This
letter stated. among other things that
men had tried TO get away before
leaving New York for the camps and
had kept trying to escape after reach
: ing there. The letter was signed with
stamp and J. c. Satterwhite was
called and testified that Mr.. Harlan
possessed a stamp containing fac
smile Of his signature and that II was
his custom TO use it in signing let
ters
The testimony OF the other w.t.
5 nesses was practically the same as "a
] the first trial and the evidence was
all strong against the defendants IN
tho case at bar.
There are still number OF govern
I ment witnesses TO he heard and 1t Is
2 hardly probable that the Government
e will rest its case today. The defense
:, has large number OF witnesses and
e will probably consume fully three
e davs in hearing them. As the case
looks at present It win hardly go to
the Jury before the middle. and posi-
a bIy the latter part OF next week.