The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-11-25
CASES ]
ARE SET FOR /
I UESD Al
District Attorney Sheppard
Purposes to Proceed With
the Peonage Indict-
mentS.
Counsel for Convicted De-
PENDANTS Will Argue for
a New Trial To-
Morrow. i
GREAT EFFORT OF DISTRICT All
ToRNEY IN SECURING coNVIo
TON WIDELY coMPLIMENTEp
-ARGUMENT A MASTERLY ONE

At the morning session of the Unt
ted States District court yesterday
morning, Judge Charles Swayne pre-
siding, counsel for w. S. Harlan, S.
E. Higgins and G. G. Hilton, convic-
ted by jury on Friday for conspira-
cy to commit peonage, and who are
now under bond pending sentence,
gave notice that motions would be
filed on Monday morning for new
trial and for arrest of judgment pend.
ing appeal of the case.
It is thought that sentence will be
pronounced on the three defendants
! either Monday or Tuesday. The MAXI
mum penalty for the crime Of which
I they were convicted is 100000 fina
, and two years Imprisonment or both
| District Attorney Sheppard asked
! that the case against Robert Gala,
CHER, w. e. Grace and Oscar Sander,
who are charged with peOnage, be set
for Tuesday morning and that
! special venire of 20 men be called for
10 a. m ON that day, and it was so
ordered by the court.
There was q great deal of comment
yesterday regarding the verdict and
many views were expressed concern
/ ing it. 1t seemed to be the consensus
of opinion that the verdict, in view
of tine testimony that had been
adduced. was a just one and that, in
fact, the jury could not have done
otherwise than find the defendants
guilty as charged in the indictment.
District Attorney Sheppard.
The consummation of this celebrar
! ted case in a verdict of guilty is the
direct result of the brilliant manner
! in which the case has been handled
/ from the beginning by District AttOr.
| ney w. 3. Sheppard who has labOred
necessarily to secure every particles
! of evidence that in any way had bear
/ ing upon the acts charged. His exam
ination of The witnesses was most
minute and showed a familiarity with
all matters pertaining 10 the case that
could only have been acquired by tho
closest study, and he was the recip-
lent of many congratulations for tho
able manner in which every detail
had been handled. His summing up
of the testimony and his argument
were especially notable and no doubt
were very instrumental in securing
verdict of guilty. His able assocf
/ ates in the prosecution, Hon. r. Pope
Reese and Assistant Attorney-Gen-
eral Charles w. Russell, are also en-
titled 10 the highest praise for the
able manner in which they discharged
their duties which. in great measure,
assisted in the conviction.
| The defense was ably conducted by
! W W FlournOy, of DeF'uniak Springs
las leading counsel, assisted by Scott
NJ. LOftin and w. A. Blount, Jr., and
the summing up and arguments of all
three attracted a great deal Of atten-
ton. Not thing was overlooked that
would tend TO place the case in the
most favorable light before the jury
and the fact that q verdict of guilty
was found in the face of such brill
liant defense can only be explained
by the statement that the preponder-
ance Of the testimony was against
them. There can be no question that
the trial was conducted with fairness
and justice to all
The Other Cases.
There is a great deal of interest IN
the other cases TO be tried. The case
of Harlan. Higgins and Hilton was
probably the weakest Of any, but II
was put On trial first because Of the
fact that a conspiracy charge allowed
the fullest scope to an investigation
, of that character.
I The jury. after reaching a verdict
on Friday night, passed a resolution
of thanks to United States Marshal
It. F. McGourin for the many courte.
sizes he had shown the jury during
the ten days that the body was in his
custody, and for the excellent accom-
modations he had secured for them
which. Of course. pleased that genial
gentleman immensely.