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

Probably one of the most interest
ing cases ever tried in Florida came
to an end Monday evening, when F. j.
O'Hara, A. A. Thompson, George Har-
per, G. F. Burrell, Zach Batten and
Robert l.. Avant were acquitted Of the
charge of conspiracy to hold, and to
return to a condition of peonage, GER
tain Jews and Germans, who had boen
sent to Hodges & O'Hara, of Buffalo
Bluff, as laborers in their sawmills
and turpentine plants, says the jack
sonville Metropolis.
The case has been On trial for twelve
days, and the jury, after being out
about fifteen minutes, returned vGr-
dict of not guilty in favor Of all the
defendants.
The prosecution was represented by
Assistant Attorney General Charles
w. Russell, of Washington, D. c.;
Richard Marks, of Jacksonville, and
Miss Quackenboss, of New York City,
a lady attorney.
The defendants were represented by
VIM. Toomer and Hon. George NJ.
Powell, of Jacksonville and Hon. S.
J. Hilburn, of Palatka, who handled
the case in a very able manner.
The case was argued by Assistant
Attorney General Russell and Mr..
Marks for the government, and Coils.
Toomer and Hilburn for the defen-
dants, all of whom made strong ar
guments.
Hilburn's Able Argument.
II is generally conceded that the
speech of Hon s. J. Hilburn was one
of the ablest addresses ever deliver
ed in the United States Court building.
Not having the speech in full, we can
only give extracts from it.
Mr.. Hilburn first congratulated the
judge and jury for their patience in
the long trial, stating that it was a
great sacrifice on their part to be
confined to the consideration OF this
case so long, including Christmas
Eve
Mr. Hilburn then defined peopage in
the language of Chief Justice Brewer,
Of the United States Supreme Court,
and said that the law on the subject
OF peonage was no new thing; the act
having been passed in 1866; but that
the method of enforcement not re
siding in the South were brand new.
so new, indeed, they dazzled the eyes
Of all Floridians He said if those
wise. tender-hearted persons of the
north, who had come down here to
prosecute this case and to enlighten
this benighted people, would attend to
the situation in New York, the coal
mines of Pennsylvania and other in
dustrial centers near them. they would
have their hands full of domestic
peonage at their doors, and enough
to keep them busy at home, that
would not require so many detectives
and spies to ferret out
He then stated that he was OBJ
posed to crime in all forms, the crime
of peonage not being an exception.
but that there was no necessity for
more diligence in the prosecution
Of persons charged with peonage than
with other crimes He said that if
the government was looking for peon-
age. it had taken the wrong case The
evidence clearly disclosed the fact
that these defendants had not commit
ted one act of peonage or conspired
to hold or return anyone to a condi-
ton of peonage He maintained that
in place of the alleged poems being
mistreated or held, or returned az
poems, they had used the money and
goods of the defendants, rendered no
service in return. Or otherwise re-
imbursed the defendants for their ex-
penditures on them, but had swindled
and defrauded the defendants.
At this point Mr. Hilburn took the
salient points in the evidence, and
presented them to the jury in a very