The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1907-05-30

company Office. located outside of
the state. Later, however. Mr.. ZerT
took the stand 10 correct this testi-
mOny. and that he had been under
the impression that DR.. Bryan had
signed the death certificate filed with
his company, but that further inYeSti-
CATION on his part resulted in his
discovery that DR.. Bickerstaff had
signed it instead.
After the close of this testimony,
the prosecution rested.
Mrs. Darlington Recalled.
: To rebut DR.. Bryan's evidence. Mrs.
c. Darlington was recalled by the de
Tense and asked TO show the receipt
which she testified was in her posses
sion from DR.. Bryan for two dollars.
This receipt was offered in evidence,
and witness said that she had re
ceived 4 note from DR.. Bryan asking
to see her. He had offered to return
the two dollars 10 her, she said. but
she could not state why he had done
this.
James O'srien-
Jas. O'Brien, who was working on
the streets in front of the court house
at the time the ClOptOn-LOng CONVEX
sation is alleged TO have taken place,
testified that he was in the presence
of Long and CloptOn during the whole
of such alleged conversation, Long
leaving first Witness said there was
no conversation whatever between the
two men, excepting an exchange of
greetings. If there had been a con-
versatiOn, he said, he would have over
heard it.
Mrs Long Recalled
Mrs. Long was recalled and teSti-
n. =, -.
clan to attend her father. according to
the best of her knowledge but that
Dr. Bryan had been called by tela-
phone on the night of her fathers
illness. by herself.
At this point, Mr.. Zerr corrected
his first testimony. the state rested,
and argument was begun.
Argument for State.
County Solicitor Scott NJ. LAftin
began his argument at O'CLOCK He
outlined the evidence briefly, and
asserted there could be no doubt that
the home of J. X. Davis and J. J..
COwan had actually been visited by
the defendant in company with An
drews on the night of April l3, and
that the prisoner had assisted in an
attempt to intimidate both COwan and
Davis. The W esley Fell incident, in
65 cents a day by the prisoner aud
told in an insinuating manner" that
a witness might forget a lot of
things on the stand. was brought up,
as was also the alleged incident of
Kelly being asked by the defendant
to swear 10 what he did not know III
the Long perjury case. Evidence on
this point was held by Mr.. I.Oftir to
be particularly significant on account
of tending to prove tendency Oh
Longs part to NEEDLE with witnesses.
The evidence of Officer Miller, who
had testified that he had been ap-
preached by Long on the subject of
testifying that J. l.. Long was in the
police station at the time the gambling
raid was made on his place also
proved this. Mr.. LOftin argued
He went on to say that they pris-
Oner's action with regard to Andrews,
and his accompanying Andrews into
the country the night of April IS, was
not the result of over zeal on The
part of a friend. but the result of a
we'll laid plot to interfere with. the
evidence of COwan and Davis.
Avery for Defense.
Judge A NJ. Avery branded the tes-
timOny offered by the prosecution as
small data built upon mere fabrica-
tons and said that even SHOULD The
defense admit the states testimony
in its entirety, Long could be charged
only with diSchaTging his duty as
friend to Andrews. Nothing had been
proved to the effect that Long had
suppressed justice. and Judge Avery
secuted the proposition that a drunk
en- conversation should be taken as
evidence before the testimony of such
witnesses as the defense had pro-
duced as to DaviSS reliability.
Mr.. Avery touched on Longs repu-
tatiOn. and referred again to the
highly honorable and altogether
praiSewOrthy' manner in which the
prisoner regarded the first principles
of friendship.
Laney for Defense.
The most eloquent speech ever
heard in the EScambia county court
house" some said, was made by Judge
Charles H. Laney in behalf of the de-
PENDANT. He began by pleading with
the jury to strike out all reference TO
envirOning conditions, and to judge
the accused simply on his alleged mis-
demeanOr under the charge on which
he was being tried The wreck or
ruin. life or liberty, of so Young Il
man, surrounded by wife and chill
dTen. seemed to Mr.. Laney as matters
particularly tragic, and he used the
full power of his eloquenece to place
clearly before the jurors that public
sentiment should be the last matter
on earth TO be considered in a case
of so much Importance.
He branded the present graft cru
SADIE as extreme in many instances.
charging that the Long case was
either the result of mistake or of
direct scheming-
Mr. Laney held the undivided atten-
tiOn Of everyone present in the court
room. his argument being a strong APP
peal to sentiment for wife and chill
'dren.
Loftin Closes.
In his closing argument. Mr. LOftin
outlined the defense. pointing out the
weak places, and calling attention to
the remarkable and suspicious SINH
larity" in the testimony of some of
ifS Witnesses