davidaulloa/AmericanStories huggingface dataset:
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1906-02-27

it was helpful on the questions of law
under consideration, but ! refer to it
now for the reason that at its con-
clusion counsel says; One thing more
When l heard Mr.. Upham in his ar
gument publicly denounce members Of
the grand jury with having broken
their oath, l very much wanted a
chance to Vindicate them. AS | shall
serve copy of this brief upon Mr..
Upham, l trust the following stats
ment will not be deemed out of place.
." Soon after the grand jury rose I
heard rumors as to the matters now
complained Of. The rumors upon
which | acted did not proceed from
the grand jurors.
Il thereupon sent for four juror
who lived convenient, and saw thres
of them, and began each interview
with the caution that | wanted ts
know nothing about the votes of thl
jurors. nor what Mr.. Upham may hays
Continued on Page Eight)
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1906-02-27

would be summoned, impaneled and
the testimony other than that given
by Lindsey be presented in all re-
spects like the one on which the trial
was had. So that, again the court
would be precisely where it was when
the trial was entered upon. How
could such circumlocution aid the
cause of justice? How would the peo-
pie gain, or the citizen be more Sc
cure in his rights, by all this need
less delay and expense? We think it
quite unnecessary to consider further
the much discussed question of the
constitutional right and privilege of
the citizen arising under section 10,
of our Bill of Rights. No case is
made on the facts calling for such dis
cussion. Other allegations appear in
the plea, but they are irrelevant be-
cause contradicting the record and
need not be further noticed
THE INDICTMENTS.
"In the case at bar as before noted,
there is no allegation in the plea in
abatement to the effect that there was
not abundant evidence by which the
grand jury under their oaths were
bound to find an Indictment, no mat
ter what the Prosecuting Attorney
may have said or omitted to say.
There is no allegation that the grand
jury had voted to ignore an indict-
ment against the defendant Miller;
and not even an allegation that the
defendant is not guilty.
"Under these circumstances, would
the judicious and discreet persons,
electors of this county, who made up
the grand jury which, for all that
appears, was properly sworn, impan-
eled and charged as to it's duty, have
been bound to ignore the charges
against the defendant Miller? For
aught that appears, there was abund-
ant evidence to warrant returning an
indictment; and in the language of
Judge Price, then one of the judges of
the sixth circuit, now judge of our
supreme court, as announced in his
OpilllOn III INC case VI OldHl anu Uln-
ers VS.. the State. reported in the
18th G. c., page 35: The good men
and true that we presume were Sc
lected for the service of grand jurors,
under their oaths, could do that duty
irrespective of any remarks that
might be made tending to prejudice
their minds These words were spok-
en- in reference to an address of an
infiamatory character made to the
grand jury by the presiding judge of
the court, and what Judge Price said
In regard to grand jurors doing their
duty, irrespective of infiamatory Ian
guage of judge should apply equally
we'll to infiamatory language by a
prosecuting attorney in a case such as
this, where it does not appear that
there was not ample evidence on
VIII ch to found an indictment
THE COURTS RULING.
with this state of facts. and the
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1906-02-27

which goes beyond mere irreguiarity
will be presumed to be prejudicial;
but have been unable to find any
authority which holds that this doc
trine should be applied to the pro-
ceedings of grand jury, which does
not pretend to pass finally upon the
question of the defendants guilt, but
simply places him upon trial. In all
cases, however, there must be some
thing to prejudice the substantial
rights of the defendant, either act
nal or presumed by the court. AS is
well said In the syllabus of the case
of McHugh VS.. State, reported in AID
0. s. at page 154 In proceeding to
reverse a judgment in either civil
or criminal case, the court regards the
record as free from error until the
contrary clearly appears; and, except
as to matters relating to jurisdiction,
or where counsel have overlooked a
statute or decision of this court gov
erning the case, the court confines
itself, ordinary, to the errors alleged
by the party complaining. A judg-
ment will not be reversed merely
because the record shows error, to
which exception was taken. The er-
ror, to be ground of reversal, must
be prejudicial to the rights of the
party complaining. And this is the
rule in criminal as well as civil cases.
SUPREME COURT DECISIONS.
81 know of no authority which holds
otherwise; and the supreme court, as
late as the case of Lindsay VS.. The
State, reported in the Goth o. S. at
215, says in the opinion announced by
Judge Spear, beginning at page 221,
in speaking Of plea in abatement:
1T was the judgment of the courts
below that the plea in abatemellt
was insufficient on two grounds. One
that 1t was bad for indefiniteness,
in that it alleges conclusions rather
than facts; and another, that it fails
to show that the defendant was in
| any wise prejudCed by the facts al
legged. We are of the opinion that
'hO Soui 70 WSiO ii6hI Oh DoIh SIouuuo'
1t is not necessary to hold that the
facts relied upon in the plea in abate-
ment should be worded with the strict
est teChinal and verbal accuracy, as
is held in many cases, yet it is the
rule that the facts must be pleaded,
as held in Wagner VS.. The State, 41st
O. s., 5S7, with exactness. and the
plea is to be strictly construed. The
reason is apparent. 1t is dilatory
plea
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1906-02-27
GARRY Wetss
4O7 E. Tuscarawas Street.
MEMS WEAR, BOY's CLOTHING
and SHOES
SATISFACTION

when consumers at any time, any
where buy and try HoLEPRooF
they Immediately detect satisfy
ing difference in the length of
service, in the softness of the
yarns, in the good fit and in gen.
eral comfort.
We give you six months guar
antee on box of HoIeproof sox
Mems Csc pair, box pair $t.50.
Women's 35e pair, box 6 pair So.
Boys and mems shoe depart.
ment in basement.
Our Long Life shoe at $3.50 for
men are equally as big bargain
as our Holeproof sox.
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1906-02-27
BISHOPS PROCEDURE.

The court then quotes with approv-
al Bishops Criminal Procedure upon
the subject In the Lindsay case the
main complaint raised by the plea was
the fact that the defendant, prisoner
in Jail, had been subpoenaed before
the grand jury; but the court held that
inasmuch as he had not refused to
answer as he might properly have
done, under his constitutional rights,
he could not take advantage of that
plea.
Judge Spear further says, begin
ming on page 223: But, aside from the
foregoing, how stands the case? The
proposition of the plaintiff in error
is that the indictment should have
been held bad because constitutional
right of the defendant had been vio-
lated. That is, the grand jury and
the prosecuting officer should be re-
buked for improper practice without
regard to whether the defendant had
been thereby prejudiced or not. We
are not commencing the practice of
subpoenaing persons suspected of
crime as witnesses before grand jury
which has been summoned to inquire
respecting that crime; indeed we do
not hesitate to characterize it as i'm
proper practice. But the question is,
what effect that mere fact ought to
have in test of an indictment 9TH
erwise regular and valid? 1t is of
Importance to note that this plea does
not show that the defendant testified
against himself, or that he testified
to any fact material to the inquiry,
or that the testimony he gave was of
consequence in the deliberations of
the jury, or that there was not other
testimony before the jury upon which
the indictment might have been prop
erly found, on the contrary, for all
that appears in this plea, there was
abundant competent evidence, by
competent witnesses before the jury,
and the jury in fact found the indict-
ment wholly upon such other COM
petent testimony. Speaking more
specifically, the plea does not show
that some one material fact, and what
material fact, was testified to by the
defendant without which an indict-
ment could not have been found,
which fact was not testified to or es-
tablished by other witnesses. The
statement simply is that he was re-
quired to give testimony In this case
concerning the charge against him.
ANOTHER TEST.
"a like test shows the insufficiency
of the plea that he was required
against his will to dress and exhibit
himself before persons who afterwards
testified before the grand jury against
him to his identity in this case Sup
pose this to be just as stated, for all
that appears, witnesses other than the
ones referred to gave testimony to
the grand jury as to the identity
abundantly supporting the charge.
1T results that, so far as this in
quiry is concerned, the case stands
Just as 1t would had Lindsey not tes-
titled before the grand jury. Why,
then should the Indictment he held bad
and the proceedings In the courts
below go for naught? Our statute,
section 1852, provides that upon an
adjudication in favor of the accused
on a plea in abatement. he may be
committed or held to bail for appear
ance at the next term. 1t would fol-
low. simDly. that another grand iurv
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1906-02-27

law as above quoted, it is the holding
of this court that the facts stated
in the plea in abatement filed by the
defendant Miller do not show that the
substantial rights of the defendant
have been invaded, and a demurrer
to the plea should, therefore, be sus-
tanned. Having reached this conclus-
ion, it is unnecessary at this time to
discuss fully the first question sug-
gested. and that is: Does the plea in
question, by it's terms, seek to con-
tradict the record, and if so, can
such a plea be maintained under the
law as established in this state? But
l shall desire to discuss this question
when l pass upon the sufficiency of
the plea filed by defendants Law
renee and Walter.
81 desire to call attention, briefly, to
the duties of a prosecuting attorney,
and to say that no matter how it may
be in other states, his rights and
privileges in this state are definitely
fixed by the statute. Section 1895 r.
S reads as follows: The Prosecuting
Attorney, or the Assistant Prosecuting
Attorney shall be allowed at all times
to appear before the grand jury, for
the purpose of giving information rel
atiVe to any matter cogniZabie by it,
or advice upon any legal matter when
required; and he may interrogate wit
hnfnrn thn nd in,
or he deems it necessary; but no 9TH
er person shall be permitted to re-
main in the room with the jury while
the jurors are expressing their views
or giving their votes on any mat
ter before it.
PROSECUTORS RIGHT.
This section gives the Prosecuting
Attorney the right to be present at
all times, even while the jurors are
expressing their views and giving
their votes; and while there he has
the right to give information rela-
tive to any further matter cognizable
by it. This is a very broad privil-
ege, but one which every court would
say should be fairly exercised. He also
has right to give advice upon any
legal matter when required, which
would mean when required by the
grand jurors, or by the exigency of
the case.
'In the first instance the grand
| jury are charged by the court as to
certain matters, largely matters of
law; and the prosecution in giving ad-
vice and information to the grand jury
should feel that in those regards, he
to some extent, exercises the prerog-
atives of the court in explaining mat
ters of law, and should therefore be
fair and impartial in the manner
in which he exercises that duty. =
DEFENDANTS BRIEF.
Counsel for the defendant mailed
to me a brief, after having served a
copy upon the Prosecuting Attorney.
/ was glad to receive the brief; for
The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1906-02-27

Continued on Page Eighty
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1906-11-30
Whitworth and His Durocs.

Judge Robbins and his able, assist
ant, Fred Krause, have today been
giving their attention to the hogs Of
the Duroc Jersey class. and as was ex-
pected as soon as his exhibit arrived
at the fair grounds, II. II. WhitwOrth
took the majority OF the premiums in
this class. His boar, Longfellow was
selected as a grand champion, but
when it came to the sows Charles Hi
ley, of Orlando, was the fortunate
owner. In addition to this, Mr.
Whitworth scored with his enormous
hog. Big Dick, over all corners, as
the largest hog at the fair, and as
the animal weighs about 1900 pounds,
it will be admitted that he has fair
ly earned the prize. M. NJ. Jetten
made CLAIM sweep in his class with
a nice lot Of hogs shown from his
farm at Valrico, the foundation stock
Of which was bought from Mr. Whit
worth last year, showing how soon
the intelligent breeder of hogs begins
to get return for his money.-Tam-
pa Times.
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1906-11-30
ALLEGES 100000 FRAUD IN Or
ANGES.
After Baltimore Importers Accused OF
Ccdging Outy-Custom Officials
Suspended.
cial 10 the Ocala Banner:

Special 10 the Ocala Banner:
Baltimore, Nov. 22.-The treasury
department has sent to United States
District Attorney Rose the result CT
an investigation made by Special
Agent CullOm which charges the
large fruit importing firm of J. H.
Seward & Co. of this city, with ;rreg
ularitjes in the handling Of oranges
whereby the government has been
dafraUded Of about 100000 by the
payment of refunds TO the firm for
fruit imported in damaged condition.
Employees Of the Baltimore GUS
tom house are involved, and one of
them, Robert Whiteford assistant
weisher, has been suspended. The
alleged irregularities extend over six
years.
TIE duty on oranges is one cent a
pound, but the government allows a
refund on the rotten fruit designated
"slush." Some years ago the import
ers of fruit got permission to take
the oranges from the ships to the
warehouses. and there separate the
good from the bad under the supervis-
ion of a custom officer 1t was the
custom to weigh the "slush" and
deduct that weight from the weight
of the fruit, and on the net weight
to pay the duty.
Complaint was made by competing
firms in New York, Philadelphia and
other cities that Seward & Co., were
selling oranges at lower prices than
they could be imported for and were
getting the bulk of the business. The
investigation made by the special
agent indicated that Whitford and
other officials had been lax in their
duties. 1t was discovered that the
"slush' was swept up and weighed in
the early morning hours in the alb
sence of customs officers. 1t is charg-
ed also that water and wet sawdust
were added to the weight of the
"slush;" also that "slush" packed in
barrels to be carted away was Sec
reilly returned and used a second
time.
Stewards percentage of "slush" av-
eraged so per cent. that of other
firms only 90 per cent. J. H. Seward
denies the charges, which he attributes
to business hivals.
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1906-11-30

A PPunta Gorda astute lawyer
makes the following excellent sug-
gestions: That our circuit judges
VIII lie discharging their official du-
ties, should note any imperfections
Of law discovered by them, and any
reforms that they may deem wise to
make and report these things to
each session of the legislature. Any
citizen can readily see that the car
rying out of this suggestion would
bring about a vast improvement in
our laws, and. possibly in the admin
istfGtion of them.-Titusville Star.
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1906-11-30
Withstood other Treatment But
Quickly Cured by chamberlain's
Cough Remedy.

Last winter 1 caught a very severe
cold which fingered for weeks" says
j. Uuuquhart, of Zephyr, ONT My
cough was very dry and harsh. The
local dealer recommended Chamber
lain's Cough Remedy and guaranteed
II, so gave it trial. One small bot
tie OF 1t cured me. l believe lam
btrlain's Cough Remedy to be the
best | have ever used" For sale by
all druggists. m
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1906-11-30
THE STATE SHOULD PENSION
HIM.

The Montgomery, (Ala.) Journal of /
Nov %, says:
Prof I. E. Allen, of Florida is in
the city today, The professor has
long flowing white beard, and looks |
indeed like one of the patriarchs of
old. He is an interesting talker, and |
loves to converse about his fifty years
experience as a school teacher. He /
is seventy-nine years old, but is ap- /.
parently as vigorous physically and /
intellectually as a man of fifty. Il |
am in Montgomery" he said, taking |
a vacation, after many years Of ardu- !
Gus work, and l am going around Wis
iting my grandchildren"
The professor is the guest of his
nephew who is in Montgomery attend
ing one of the commercial colleges
and is stopping at one of the leading
boarding houses where he has become
quite a favOrite. He is a splendid vio-
linist, and with his violin he enter
tains the crowds for hours during the
evening.
Il think | am entitled to an an
nuity from Carnegie said Professor
Allen. land 1 have written to him tell
ing him of my wish" The professor
then produced the following letter TO
the great millionaire philanthropist:
Andrew Carnegie, Esq, New York
City, ~ Y:
Dear Sir:-The fame of your gen
erous annuities has just come to my
notice
81 as born the Sd of January, 1928,
and am now in my 10Th year. | at
tended school six months before | was
| Il years old When | was in my 22d
year, | attended school ten months by
selling all | had-a horse, bride and
saddle. | graduated with honor and
accepted a school for six months.
Since that time l have continued in
/ the profession of teaching, having
taught nine months last year. l have
taught ffty-six years in the schools of
/ Alabama and Florida, and | love the
work now, but [ crave some rest, and
hope you will grant me an annuity
/ that will enable me to spend the re-
mainder of my days in ease and hap
! DjrpSS
Respectfully,
l. z. ALLEN"
! The foregoing says Professor Allen.
/ has been endorsed by n. B. BrOward,
/ governor of Florida; w. B. Lamar,
member Of congress from the third
district of Florida: n. B. Cook. super
intendent of public instruction of Es-
Gambia county. Fla: A. NJ. Mcmillan.
c ERIK Of the circuit court of Escam-
bla county, Fla; J. s. Roberts, tax
collector Escambia county. Fla.
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1906-11-30

A Kentucky democrat had his shout
der dislocated by a fall brought on
by his stepping on corn cob. Per-
haps some other democrat received
fall from the stuff that came from
that cob.-Pensacola Journal.
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1906-11-30

contradicted if l were TO call Mr..
Gunby the most popular republican in
the state 1t was he who was named
a member of Governor Broward's per-
sonal staff, although he declined the
honor Mr.. Gunby's business here
was entirely professional. arguing
case in the supreme court.
Mr.. Knight is always an interest
ing figure wherever he goes and
something generally happens when
he is around, but he assured me that
his visit to Tallahassee had no pOlit-
ical significance. He was here in
consultation with Attorney General
Ellis, who had been called by the
city of Tampa to institute quo war
ranto proceedings against the Tam
pa Electric company, one Of the cor
porations represented by Mr.. Knight.
Mr.. Ellis takes the position that the
matter is entirely a local one and
does not warrant the intervention of
the state. Although Mr.. Knight has,
for years been one of the dormant
factors in Florida politics, he speaks
rather disgustedly of the situation.
There is absolutely no vital diff
ference between the parties" he
said, "the lines of demarkation are
entirely obliterated. Hearst, Lafo-
llette, Folk, Bryan, Roosevelt, they
are all alike. 1t is period of revolu-
ton and unrest, but l have faith
enough to believe they will work out
all right in the end, under the law
every man has an equal chance and
it will be the survival of the fit
test I have a piece Of poetry here
that fits my case, let me read it,"
"Once Was Democrat"
Once | was a democrat,
Now | don't know wrere 1 am at;
Everything's so blooming mixed,
Nothing's settled, nothiug's fixed
All the leaders in a fight,
! Nothing seems to be all right,
Things go on from bad to worse,
Town is fighting Billy Hearst,
Grover Cleveland stays at home;
Everybody knocks Jerome;
Horrid things are said of Parker;
Prospects keep on growing darker.
Beveridge in language hay,
Intimates that Bryan's crazy,
Murphey says he'll stay in line,
Hearst yells none of him in mine"
Not a voice is raised in yellin'
For the once acclaimed Mcclellan,
Joe Folks hasn't many friends,
Everything's at odds and ends,
Bryan gets another lawful;
Hurls opinions simply awful
Even Watson's making signs,
p and down the skirmish lines,
Once I was a democrat,
Now the Lord knows where I'm att"
The drainage situation is really
comical' said Mr. Knight. 1T was the
issue in the campaign and Broward
was elected on it. Then when ne
attempted to carry it out ne was turn
ed down; there's nothing to feel bad
over, it really is comical"
Mr. J. o. Wright, of Washington,
has been here this week compiling
some data from the records of the ex-
ecutjye Office relative TO the Ever
glades. Mr.. Wright is employed by
the United States department and
has charge Of the government survey
Of the Everglades. He left Thurs
day for south Florida and will at
once put a corps Of engineers in the
field to begin the work of surveying
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1906-11-30

The next meeting of the National
Daughters of the Confederacy will be
held at Norfolk, Va. in November.
1907.
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1906-11-30

AS SEEN THROUGH A WOMaN'S EYES

Hon. Peter Knight Falls Into Poetry
Woman's Federation Will Work for
Child Labor Bill-Newsy, Crisp Capital
Gossip.
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1906-11-30

Books and pamphlets printed. Ocala
Banner Job Rooms.
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1906-11-30

Two interesting men from Tampa
seen at the capital recently were Hon.
Il. r. Gunby and Hon. Peter o.
knight. l do not believe l could be
The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1906-11-30
MALT WHIskEY.
70 GnSvfiD9

Per Cal
Peach AMI Honey "a" grade st-p
Feacn and Honey IA" grade 200
Rock and Rye "a grade LA
l r,l anu rye IA grade o.. o.. 200
= Orahse Brandy 90. o.. o.. e.. 800
Banana Brandy 400
Apricot Brandy soo
Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1906-11-25

OFFICE: PORTER BLOCK.
W., {. TELEsHoNB asa
Gainesville daily sun. (Gainesville, Fla.) 190?-1938, 1906-11-25

Occasionally one will hear the re-
mark, II vfh ! we're GOT Of this
town, % and then one feels like saying
81 Wlsh 700 were" Tor q man Vho
stands on the street corners chewing
and splitting, telling obscene Stories
eufslbg the town, huding faul' Win
bic grandmother beeauEs she vas
woman. claiming thai the merchants
area lot ~ thieves. that the laVyers
and newfpspsr men Eoold skia .
man 20 q finish, and . whole lot more
r. = nuisance bna sn abominsiion.
Aay town pestefsi Ei'h one or more
sueh WORTHLESS voult b. iustrisd 10 sr'
ersislug eoEhlds authority on ihs
hosor a. their pants No oue -
obliged 10 live uhrrt be is not 'a'isi
m oos hasa't sn rnc nftEi8E Wofd i1f
fhe bgsiurss s1tsTpfitft h1d intiiia'
lions of RE toun, BE- should stgt %
spa go SAY tast aud sit duHh " "
things bon't cot 500, move o. FA'
thev ell. Arf1a'gf Hn1 s1ffhFaa pa
.at6sBis aa enterprise kiilff fffu
fims. ID auld pay q t1"n 20 a9ta'f
kins s. ar6 cell hiw 90 nose,