The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-11-17
TNESsEs TELL
s 7 D ny Of
BRUTALITY
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Ian directed that Sander wire that
the men be held. MIR. Harlan alsC
directed witness to call up the cant
and find out about the men and wit
ness had done So.
John AtweII.
John Atwell, Walton county depu-
ty sheriff residing at Laurel Hib
was then called. He stated that he
was a deputy during June and july
of this year. Atwell was asked if he
had seen two foreigners pass througl,
Laurel Hill about July 20 or 81 and
counsel for defense objected The
court overruled the objection and de-
tense noted an exception.
Judge Swayne instructed witness
that he was not compelled to answer
any question that might mcriminate
him.
Witness admitted receiving a tele-
gram from Lockhart in regard to
some men. He did not nave the
telegram, as it was not his custom
to preserve such telegranfs The tele-
gram asked him to stop two men.
Witness had seen the men the same
day before receiving the telegram.
After its receipt witness went to see
the two men, coming up with them
about z miles away. They were trav-
cling south along a road. Witness
spoke to the two meI and they
stopped. Before going after the men
witness had wired the company ask
ing if he should stop them. Witness
was handed copy of telegram and
asked if it was the one he had sent.
Defense objected, objection over
ruled and exception noted
Witness identified the telegram as
the one he had sent. When he came
up with the men there were two men
in buggy about % yards IN the rear.
One of the men overtaken could talk
a little English, and while witness
was talking to the men.
The district attorney asked who the
men in the buggy were and defense
again objected and was again over
ruled, noting an exception. Judge
Swayne then expressed his views
with reference to the evidence neces-
sary to establish a conspiracy, say
! ing that the widest latitude was al
lowable in such a case.
Defense objected to a statement of
the court to the effect that the court
disagreed with attorneys Tor defense,
but was turned down with the state
ment that the court did not believe
defense was entitled to object to a
conversation between the court and
tattorneys for defense.
Witness stated that he had been
talking to the men for some time
when one of the parties in the buggy
walked up and said the men were
not the ones they were looking for
The man was armed, having a pistol
in his hand, and the men talking with
Atwell appeared to be frightened.
When the man with pistol came up
the men walked on toward the buggy
Gallagher was one of those in the
buggy and had kicked one of the men
twice after apparently feeling for a
gun. One of the foreigners looked
like he had pistol in his pocket
but witness did not attempt to dis
ann him.
When this trouble occurred Gala
CHER started for the buggy and SAID
he was going back home. Witness
told the two foreigners that they
could get in the buggy and ride with
Gallagher If they wanted To. Wit
ness came up with the buggy again
before it reached Laurel Hill, where
it had stopped as one of the men
claimed to have lost some money
Witness drove right on and went
home
Witness went after the men in a
buggy and was accompanied part OF
the way by his brother Henry-both
returned to Laurel Hill at the same
| time.
! Witness stated that he was paid S.
for something, but he couldn't say
what for. Gallagher. when he drove
off asked witness if S. would pay