The Pensacola journal., 1907-05-26

dence be stricken out on the ground
that the voucher referred to was it
self the proper evidence. if it existed.
The motion was overruled and an eX-
ception reserved.
On cross-eXamination, the lad stated
that he was employed by Fulton for
about seven months in all, at the
courthouse, at his restaurant and DIT
his office.
Here the defense moved to strike
out all of the lads evidence, on the
ground that it did not in any way con-
meet the alleged signing of a voucher
for S35 with the allegations on which
defendant was being tried. Over
ruled, and exception reserved.
Cross examination being resumed,
the witness stated that he had been
put off the courthouse work by the
foreman, and that Fulton then put
him to work in his (Fulton's) restau-
rant
Il. D. Wright.
H. d. Wright. deputy sheriff of Es-
Gambia county, was then called by the
prosecution, and told the court that
on the night on which he had been
instructed to arrest Fulton, he had
boarded a local sleeper running be-
tween montgomery anu CHSdCOAdy
questioning the conductor as to the
occupants of the car, and learned
that a man answering the description
of Fulton had said he was sick and
had gone TO bed early. Upon further
investigation, the sick man proved to
be Fulton, who. when discovered,
readily consented to accompany the
witness back to Pensacola. Witness
wired ahead to Century, and Fulton
surrendered his ticket, which had
been bought for Montgomery.
Counsel Clash.
Mr. Wright's testimony was fol-
lowed by a clash between the prose
cution and defense as to whether the
testimony given by A NJ. Mcmillan
on Friday relative to the time of
signing the warrant then in question,
was based upon impression or recol-
lection Mr. Mcmillan was recalled,
but being unable t oappear on ac-
count of illness. his final testimony
was reserved until such time as he
would be able to appear in court.
The Defense.
Frank Sanders, when called by the
defense, said that he had arrested a
man named Bennett at the time of the
court house trouble. Bennett seemed
to be employed on the brick work.
Damaging Testimony.
F. BeOYfch gave the information
that he had cashed the Kelly warrant,
and that Kelly had paid up his ac-
count and treated his friends to the
extent of five or six dollars. He said
that Kelly had money left after this.
Under the rapid fire of questioning
put by Attorney Doftin, BoeviCh
owned that he was in the habit of
9dUanninO to EN11fnn tn off
the men at times, that he had cashed
a great many of the checks issued
for work on the court house. and that
his place of business was meeting
place for those employed on the court
house job.
J. 3. Carter.
j. b. Carter who went to see Mr..
Fulton on business during the month
of December, gave his opinion that
there were from eight to one dozen
men employed on the painting job.
although he had not noticed particu-
farly.
r. S. Crocket.
r. S. Crocket who was also EN-
plOyed on the court house job. told
that he had received $3.50 per day
for his services. He was asked for
information regarding one Hail. who
was also employed, giving his opinion
that said Hall had worked but two
days in Pensacola, leaving town soon
after Crockett told the court that an
agreement existed between himself
and Fulton that he was 10 receive
$3.50 per day for all around work.
consisting of paper hanging and paint
ing, and $3.50 when only painting was
to be done He also said that Full
ton cashed his checks. AS TO other
points relative to the consecutive
days which. he worked after Christ
mas, his memory proved particularly
faulty.