The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-11-21
Witnesses Test sto Good
Treatment at Jackson
Lumber Co.'S 8 Aps.
Same Had Heard of Whip
ping Cases, But Had
Never Seen Any
of Them.
NONE OF THE SPECIFIC ALLEGA.
TloNs WERE WEAKENED, BUT
ON CONTRARY SEEM TO BE
STRENGTHENED BY TESTIMONY
WHICH DEFENSE INTRODUCES.
BY BEN n. THOMAS.

Shortly after the opening of the
United States court yesterday the gov
eminent rested its case, District At
torney Sheppard reserving the right
to introduce secondary evidence to
prove a certain contract between the
Jackson Lumber Co. and one of their
employees who, it is alleged, was
forced to sign contract to work out
debt. The only witness placed on
the stand by the government was w.
M. Fitzpatrick, Crestview black
smith, with whom Laninger was left
while the man who had him in charge
after his capture went to feed his
horses. Fitzpatrick testified that, to
the best of his knowledge, Laninger
had not been under restraint and that
witness was not instructed to prevent
him from leaving If he so desired.
The defense began the taking Of
testimony at 10 o'clock and during the
balance of the day witnesses were
heard but, as far as could be seen by
an outsider, not an iota of evidence
was introduced to controvert any of
the specific allegations of the gov
ernment-in fact the testimony on the
whole seemed to strengthen the case
against the defendants. All of the
men who were placed on the stand
by defense stated that the treatment
they received at the camps of the
Jackson Lumber Co. was as good as
they would have received anywhere
and that the sleeping accommodations
and food were good. No evidence was
introduced to show that men had not
been whipped at the camp, the testi-
mony being to the effect that wit
nesseS had not seen such acts COM
mitted. While none of the witnesses
had seen any whipping several of
them had heard of such occurrences.
The cross examination of all the
witnesses was severe and District At
torney Sheppard brought out many
damaging statements during the
the course of the day from the wit
nesses for defense.
If the same progress is made to-day
as yesterday it is probable that the
defense will finish sometime Thurs
day, when arguments will begin.
There are somewhere in the neighbor-
hood of twenty witnesses yet to be
heard
The detail of the testimony adduced
yesterday is as follows:
Morning Session.
Immediately after the entrance OF
Judge Swayne, Assistant District
Attorney r. Pope Reese asked
for the indulgence of the court
for a few minutes, as the at
torneys for the government desired
to consult. which was granted. After
a delay of about five minutes District
Attorney Sheppard accompanied by
Attorneys Reese and Russell entered
the court room and w NJ. Fitzpatrick
was called.
w. M. Fitzpatrick.
Mr. Fitzpatrick stated that he had
resided at Crestview during July of
this year, where he was engaged as
a blacksmith and wheelright. A for
eigner was left at his shop in either
June or July, he was not positive
which. Rudolph Laninger was called
and identified as the man in question.
Witness did not know the name OF the
man who brought Laninger to his
place, but identified Hilton, one of the
defendants as the party.
Attorney Flournoy, leading coun-
sci for defense, following the tacticG
OF preceding days, objected to
the testimony of Fitzpatrick and moved
that it he stricken from the record.
The objection was overTuled and an
exception noted.
Cross Examination.
Attorney Flournoy then asked XII
patrick what occurred at that Tina
District Attorney Sheppard objected
stating that the question was not
proper in cross examination, and the
objection was sustained by the court
Defense noted an exception.
Mr.. Fitzpatrick stated that Hilto~.
asked him where he could put up his
horse and get some dinner; also II he
could leave Laninger with witness
for q while. Witness understood from
signs made by Laninger that the lat
ter was hungry and had bought him
something at the store. Laninger az
forwards went to sleep and witness
hunted up Hilton and the latter told
witness to take care of Laninger and
he would be paid for It. Hilton had
taken off a gun and left 1t with wit
ness until he took Laninger to the
train. Witness had no recollection OF
having brckled the gun around his
waist, and said 1t was lying on a shelf
all of the time; he had made no effort
whatever 10 restrain Laninger. Wit
ness did not know why Hilton left the