The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-11-18

nothing about a negro being killed.
Witness had not told Higgins he
wanted to get away, or anything else,
Defense brought out the fact that
witness had lost toe nail by reason
of pair of scissors dropping upon it.
Kept asking questions about the
whereabouts of the aforesaid nail I'm.
til choked off by the court who said
he could not possibly see the connec
ton between discarded toe nail and
peonage"
Witness said that, owing to the in
jury to his toe he cut the tip of his
shoe off and that Mr.. Higgins had
purchased another pair for him at Al
bany, Ga. Mr. Higgins had also pnr.
chased other articles, as he had been
instructed to do before leaving Lock
hart. Witness said Higgins had given
him the clothes to keep him from
telling that he had been whipped. He
had been taken to Lumber City, al
though he wanted to come to Pensa
cola
Witness was dismissed but imme
diately recalled by defense and, upon
being questioned, stated that he had
testified before the grand jury. Witness
was asked if Immediately after leaving
grand jury room, in the presence oil
Howell, he had said: "If you want
money go in there and testify that the
jackson Lumber Co., whipped you
and you can get all the money YOU
want from the grand jury" Witness
stated that he had not seen Mr.. How
ell at all and had made no such state
ment, in fact, had spoken to no one al
that time. Witness denied that he
had ever made such a remark or z
similar one.
John Smith.
John Smith, of New York, one OF
the men sent south by labor agents
was called to the stand and said he
had worked at the log camp of the
Jackson Lumber Co.. bossed by Gala
CHER. Witness corrOborated other
witnesses relative to the beating ad
ministered to a Bulgarian by Gala
gher. Witness had run away from the
camps about the middle of July. While
at the camp he had seen McGinnis
whipped; he had not seen the start Of
it; Gallagher was cursing when wit
ness came up and then Gallagher
kicked him. McGinnis kicked bacl
and Gallagher drew a gun and FREQ
three shots past McGinnis's head anC
made him get down on his knees
Witness had worked at the camp only
three weeks; the day he arrived the
Bulgarian was whipped and the Nc
Ginnis trouble occurred about a weet
after his arrival. Witness had seer
but one Waterman.
Cross Examination.
On cross examination witness sai5
he reached the camp a week aheat
Oh McGinnis; the trouble with Nc
Glnnis took place near the cars ir
which the men slept All he knew
about the cause of the trouble wifi
McGinnis was that the latter had tolf
him after the fight; all he heard va;
the cursing, shooting and kicking nj
McGinnis by Gallagher.
Court then adjourned until . o'cloot
p. m
Afternoon Session.
At the afternoon session the first
witness called was Judge James
Johnson, of Florala, Ala, where he
had lived for four years. He stated
that he was a justice o. the peace and
was acquainted with w. S. Harlan.
Gallagher and Sander He also knew
men named Albert, Barsota and
Crum. Harlan had made a complaint
against Barsota and Crum in the court
.of which witness was Judge. Witness
was handed certain papers which he
identified as original papers from his
Office. The first was an affidavit and
warrant against Joseph BarsOta. made
by w. S. Harlan, upon which Barsota
had been arrested and brought before
witness; the charge was obtaining
goods and money under false preten.
|ses. Barsota was brought before wit.
ness on Aug. 1G and q hearing was
given him; W. s. Harlan was present
and so. also. was Interpreter Sander
Barsota was discharged from custody
and another warrant was issued for
Barsota's arrest charging him with
having violated his contract in that
he failed to pay back passage money
advanced. Barsota was not given an