The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1906-11-16
JUDGE SWAYNE
IS SEVERE ON
PISTOL TOTERS
Continued from First Page.)

81 md0y were employ Gu, ohOuAN WA
duct themselves in manner that en-
titled them to the best or treatment
but if such men were treated diner
emily from others, it was their own
fault. He denied that condllon OF
peonage existed at the camps OF the
Jackson Lumber Company, or ever
had existed there. The defendants
were, in any event, presumed 10 De
innocent until they had been proven
guilty, and the burden of such proof
was wholly upon the government
which would, he said, be unable 10
make out a case
Witnesses Called.
The witnesses on the case for the
prosecution were then called and
sworn after which Attorney Flour
noy, of defense, asked for the rule ex-
Guiding witnesses from the court
room during the taking of testimony,
and it was so ordered. the court
also instructed that each foreign wit
ness, when he took the stand, should
have the nature of the oath lully eX-
planned. The witnesses for defense
were called, but as few of them were
present Attorney FlournOy stated that
it would be better to postpone the call
until after the arrival of the train
from Florala. Those who were pres
ent were duly sworn, placed under
the rule and retired.
Mrs. Louisa Howell.
The first witness called was Mrs.
Louisa Howell, wife of Jeb S. Howell,
one of the defendants. She resides at
Laurel Hill, Fla Last July or Au-
gust her husband had a shop at Lau-
rel Hill. The residence of the How
ellis was within 10 feet of the shop
where her husband worked.
Attorney Flournoy, of defense,
moved to strike the testimony of wit
ness as irrelevant, but the motion
was overruled and the testimony was
admitted. Defense noted an eXcep-
ton to the ruling.
Rudolf Laninger.
Rudolf Laninger was called and In
terpreter Friedman was sworn to act,
the witness being unable to under
stand English. Defense requested
that Oscar Sander. interpreter for the
Jackson Lumber Co. be admitted for
the purpose of consulting with coun-
sci for defense Counsel for the gov
eminent objected but as Sander was
defendant and was not to be used
as a witness in the case the court de-
cided that he might be present. In
the absence of Sander Mr.. Newlander
was permitted to be present in the
capacity mentioned.
Witness said he was a Hungarian
and had arrived in New York on June
10, 1906, and in Lockhart on either
July 81 or %. He secured contract
from Frank G. Miller, labor agents,
and went to Lockhart in pursuance of
such contract. Witness identified a
document as one he had signed at
the Office of Frank & Miller and said
that he was sent south from New
York by water, travelling three days
by boat and two days by rail. He
was one of a party of q or % laborers
and the party was met at Savannah
by a man named DR.. Grace, who ac-
companied the party to Lockhart
Witness did not see DR.. Grace after
he reached Lockhart.
|
witness what labor he contracted to
do at Lockhart and counsel for de-
Tense objected. Mr.. Sheppard then
offered the contract identified by wit
ness in evidence and counsel for de-
Tense objected. Mr.. Sheppard then
asked whether any representative OF
the Jackson Lumber Co was present
when contract was made. Counsel
for defense objection and objection
was Overruled and an exception noted.
Witness stated that Mr.. Newlander
was present, and identified him as
the gentleman with kin1ly hair" No
one took the party to the ship al
New York. NewlandeT was at the
ship, but witness had no conversation
with him. lie had seen Newlander
twice at LOckhart and he recognized
him as an agent of the Jackson Lum-
Der Co.
District Attorney Sheppard then
again offered the contract in evidence
and Attorney Flournoy objected. Mr..
Sheppard stated that the contract
was only one of the circumstances in
the case and that its materiality
would be proven later. The court
admitted the contract in evidence and
defense noted an exception. District
Attorney Sheppard then read the con-
tract to the jury, showing the charac-
ter of the employment which witness
had agreed to do, the wages that were
to be paid and the place of employ
ment, etc.
A recess of five minutes was taken
after which the examination Of wit
ness was resumed.
Witness stated that he went to work
on the third day after reaching Lock.
hart. but that the work was not the
kind specified in the contract, He
was put to work cutting trees; there
were several camps and witness
worked in the turpentine camp. chip
ping trees, and was boarded by the
company. He continued at this work
for three months, during which time
he put in 65 days. Witness had a
settlement with the company, but sta
ted that they did not pay all that was
due him. his claim being that he con
tTacted for 10 hours work per day and
was compelled to work IL, and was