The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-12-15
Judge Locke Overrules De-
murrers filed by Defen-
dant and Denies
Motions.
REFUSED MOTION TO QUASI
AND WOULD NOT ALLOW
COUNSEL FOR o'HARA A BILL
OF PARTICULARS PROCEED.
INGs IN CELEBRATED CASE AT
JACKSONVILLE.

Oyerruling the demurrer to the in
dictments against O'Hara, denying
the motion to quash, and later denying
the motion for a bill of particulars.
Judge James w. Locke, in the United
States district court yesterday, sus-
tained the contentious of the govern
ment in every particular, and the big
peonage cases are now ready to come
to trial, says the Jacksonville Times
Union.
Mr.. O'Hara will be arraigned in
open court at 10 o'clock this morning,
and will enter plea of not guilty to
the indictments that have been re-
turned against him.
Trial of the cases will probably be
taken up at once, with Assistant Uni
ted States Attorney General Charles
w. Russell and Assistant District At
torney Richard P, Marks prosecuting
the cases. Mr.. O'Hara will be de-
Tended by Attorneys George NJ.
Powell, Col w. M. Toomer and Judge
Reynolds of Toomer & Reynolds.
The same attorneys win also defend
the employees of Mr. O'Hara, who, by
some of the indictments, were Joint
ly indicted with O'Hara.
The petit jury will probably be Sc
lected this morning, and the present
ing of evidence for the government
begun without delay.
Demurrers Are Overruled.
Immediately upon the opening of
the court yesterday morning, Judge
Locke took up the question of the de-
mGrrers and motions to quash indict-
ments In the several cases of the
United States VS.. F. ]. OHara.
The court stated that the principal
grounds raised by counsel for the de-
tense were the insufflciency of the
Indictment regarding the stating of
the details of the alleged offenses
committed, and further insufficiency
in that they had failed to allege that
the holding to involuntary servitude
was for the purpose of making the
alleged poems work out an indebted
ness. -"
Is Statutory offense.
The court then stated that peonage
was a statutory offense, and that the
indictments did not have to be as
nicely drawn as did indictments
brought under the common law. An
Indictment brought In the language
of the statute. the court held, with
sufficient particulars stated to inform
the defendant what was the offense
charged, was valid Indictment.
Then, passing to the Clyatt case,
which, being the only peonage case
passed upon by the United States
supreme court, is the one most
quoted by counsel, the court pointed
out that the supreme court mad not
declared that the indictment was in
sufficient, and that this was so in an
indictment in which the indebted
ness was, in the words OF the indict-
ment itself, claimed"
The reversal of the lower courC
was, Judge Locke said, clearly on the
ground of insufficiency of proof, IN
that, charging the defendant with re-
turning certain parties to condition
of peonage, there had not been suf-
ficient proof to the effect that he had
formerly been in a condition of pe0n-
age to which he was returned by the
defendant.
Judge Locke then briefly stated
that he considered these indictments
valid, and that the demurrers thereto
and the motions to quash were over
ruled and denied.
Ask Bill of Particulars.
Immediately after the decision OIL