The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-11-28
Nine Emf Yees of Jackson
Lumber Before Uni
ted ST Court.
Order of Sew sslace in Case
of Hilton, + sggins and
Atwell.
PLEA OF ABATEMENT AND FOR
MER JEOPARDY IN CASE OF
MANAGER HARLAN oVERRULEo
BY THE coURT-TAkING OF
TESTIMONY WILL BEGIN AT $50
THIS MORNING.
THE JURY.

The case of w. S. Harlan. G. w.
Lamata, Robert Gallagher, Oscar San
dor, f. Newlander, A. Bellinger, Harry
Halverson, DIR. w. E. Grace, c. c. Hill
ton, S. E. Higgins and John Atwell,
all charged with conspiracy to COM
nit peonage, and all of whom with
the exception of Atwell are employees
of the Jackson Lumber Co, OF Lock.
hart, Ala. was called for trial in the
United States court yesterday morn
ing, Judge Charles Swayne presiding,
and just before the close of the af-
ternoon session a jury was secured
and placed in charge of United States
Marshal T. f. McGourin, who will be
mine host. on behalf of the govern
ment, until a verdict in the case shall
have been reached.
When court convened District Attor-
ney Sheppard announced that the gov
eminent would not proceed against
Messrs. Hilton, Higgins and Atweil,
and an order of severance was entered
in regard to these three
Counsel for defense then entered
plea of abatement and former jeopardy
in the case of w. s. Harlan, it being
alleged in the argument that he had
already been once placed on trial for
the same offense District Attorney
Sheppard filed a demurrer to this
plea, alleging that Inc charge against
Mr.. Harlan was for an entirely diff
ferent offense, and the demurrer was
sustained by the court.
1t had been the intention of the gov.
eminent to place the case of Robert
Gallagher, Oscar Sander and Dr. w.
E. Grace on trial and notice to that
effect had been given attorneys for
defense on Saturday. but the govern
ment decided in the interim to take
up the case which was called yester-
day. When the announcement was
made that the general conspiracy
journed until three o'clock to allow
attorneys for defense to prepare for
trial. and the case was taken up soon
after the noon recess.
During the sessions addresses were
made by w. w. Flournoy, w. A.
Blount, Jr. and Judge L. ]. Reeves
for defense, the latter having been
retained IN the case after the con.
viction of Harlan, Hilton and Hug.
gins last week. District Attorney w.
b. Sheppard and Hon. r. Pope Reese
handled the case Tor the government.
From the array Of policemen in the
jury box after the names of the special
venire ordered by the court had been
called one would naturally suppose
that the United States marshal had
a special grudge against the members
of that body. Officers Booske, Benja-
min and Wilde were excused. how
ever. and il will therefore probably
not be necessary for the city TO call
in all the extra men in order to see
that the laws are obeyed.
Turnkey Frank Kramer and former
Chief of Police Schad are among the
jurors chosen, and both seemed any
thing but pleased when the Judge ans
nounced that they would have 10 re-
main in charge of the United States
marshal until verdict in the case
had been reached. J. G.. Welsh was
another member of the jury who
seemed anything but tickled to death
when the announcement was made.
The balance of the jurymen, as far
as could be noticed. seemed resigned
to tneir fate.
All other matters incident TO the
trial having been disposed of the
court and Jury will begin the hearing
OF evidence when court conVenes at
$3.50 o'clock this morning. The VIE.
nesses in the case are practically the
same as those who testified at the
trial last week and there will prob
ably be but little difference in the
evidence adduced.