The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-07-14

ter. ii
Through the entire argument OF All
the attorneys Judge Shaylor constant
ly asked questions very pertinent 70
the points under discussion, indicat-t
ing careful study of the questlonsl
which the very filing of the lnlorma-
ton made certain would be raised. /
When Mr.. Fletcher had concludeQl
his argument, recess was taken uni
til 2:30 o'clock in the afternoon. tnei
court stating that the announcement
Of his ruling on the matter would 0el
| made at that time.
Victory for Bryan.
When the court reconvened in thel
afternoon Judge Shaylor announced
simply that the motion to quasn nad
been denied and the information was
sustained. This was decidedly VIC
tory for Solicitor Bryan. An excep-
| ton to the ruling was taken by incl
| defense.
Then the defense, not yet having ex-
hausted all resources, through Attor.|
ney A. w. Cockrell, Jr.. moved to re-
quire the solicitor to file bill OF par
| ticulars. Mr.. Cockrell argued this
| motion.
He maintained that the defense
had the right to know what was the
distinct charge against them and the
facts which the solicitor stated had
been sworn to. The alleged vague
ness and indistinctness of the informa-
| tion, he argued made this certain
| knowledge impossible He claimed
| that the facts sworn to were not set
up, and that neither the nature, form.
nor substance Of the agreement al
legged as the basis of the conspiracy
charged, had been made known.
N. p. Bryan in Reply.
Attorney N. tP bryan, brother Of the
solicitor and associated with him n
the prosecution of the defense, re-
piled.
Mr.. Bryan argued that the allega-
ton of counsel that the information
was SO vague and indistinct as to
make necessary a bill of particulars
was not good, as the court had just
ruled that the Information was not
vague and indistinct.
: AS for an agreement, he maintained
that If there was any written agree
! ment it was in the possession of the
defendants, or one CT them, and they
could not justly ask the state to sup
7 ply them with it. And as for the facts
: alleged to have. been sworn to. he
!, maintained that presenting them in a
Y III of particulars would be equivalent
J. to presenting the defense with the evil
f dence Of the state A bill of particu-
q lars. he vigorously maintained, was
/ be denied.
I'll fn1 r1oOt ON
: and ordered the defendants to trial,
1 and the second move made by the de-
0 Tense ended in victory for the safe.
Il Defenants Are Arrainned.
Then came a scene that was decid-
eily novel in the history of the Grim
|. inal court of record of Duval county,
a court in whichsthe cases are, for the
most part. of little general public in
Z rteest, and in which the defendants
are generally negroes. This was the
4 arraignment Of the defendants.
o William S. Ware. George H. White,
8 and Robert Gamble, are all men prom
inent in business and social circles
!. in jacksonville; aad when they stood
up 10 listen to the formal reading of
n the charges brought. against them,
4 there was scarcely one of the large
T crowd IN the court room that did not
n have some remark. humorous for the
n most part, to make on the scene.
4 The three men SGD with two OF
their counsel standing near them, and
listened to the rea1:ng of the informa
!, ticn. Attorney n. P. Bryan read it,
= count by count, and as he finished
each count, the three defendants an
!, swered, without hesitation, "Noi
:, guilty" Issue was joined, and the
case was ready for trial
. Move for Severance.
Solicitor Bryan then stepped for
ward and moved for severance, and
this was granted by the court. This
{ move was made necessary owing to the
u fact that Messrs. Stratton and Hark
g isheimer two of the defendants. were
. absent from the CITY. One, it was
! stated, was in the west buying but
II ter, and the other was reported tc
5 have permanently left Jacksonville as
4 his place of residence.
% The three men who were to go or
trial-the offense charged is only g
L m.sdemeanor-sat with the eminent
II counsel engaged to defend them at g
$ long table, and began carefully check
y ing off the list of talesmen summoned
. for jury duty.
4 Without delay the selection of the
g jury began, a little more than ar
" hour being required in finding 81,
; men acceptable to both the state ant
e the defense.
. The Question, Asked.
!. When the list of talesmen had beer
IL called by Clark Earle. about half Of
the number stepped forward, and, pre-
sentine various reasons, asked the
If court to excuse them ALI but two
If were refused, Judge Shaylor allowing
it two to go because of reasons thai
eel were valid under the law.
Then the examination began. Three