The weekly true Democrat. (Tallahassee, Fla.) 1905-1912, 1907-05-24

4
ants, If they intended to justify the
publication, to furnish bill Of partic-
ulars. The court granted this motion
and, after consideration, the attorneys
for the defense declined to file the bill
of particulars. This placed the defend
ants in most extraordinary position.
/ If we had filed bill of particulars de-
claring a purpose to justify the publica-
| ton, we would have been admitting
that we intended to charge that the re-
ports in circulation concerning Gov.
Jennings were true. Now, at no time
had there been any such intention on
Athe part of my son. The article com
planned of distinctly negatived that
idea and it was, of course, impossible
for us to say that the article intended
something which it did not intend.
NO CRITICISM INTENDED.
In what have said, or shall say,
wish to distinctly disavow any purpose
in the slightest degree of criticising the
rulings of Judge Shaylor- The very
fact that he and have not been par
ticularly friendly for several years rend-
ers it duty upon my part to state
that throughout this case he has acted
with the utmost impartialty and sincere
ty and no one can question the sincere
ty of his rulings The effect Of them,
however, was just the same and it left
us with only one defense possible.
THE ONLY DEFENSE POSSIBLE.
1t being clear that no testimony
would be admitted going in justifica-
ton, we determined to offer such testi-
mony as we believed would be availa-
BILE, setting up a qualified privilege to
make the publication on the ground
that it concerned the official acts of
Gov. jennings; that at the time Of the
publication he was being spoken of as a
candidate for governor next year and
at that time held the position of at
torney for the trustees of the internal
improvement fund at a salary of IS, 900
per annum, the largest salary paid TO
any man by the state except the gov
ernOr himself. On this defense we
would have claimed the right to intro
duce such evidence as would show that
Mr.. Alfred st. Clair Abrams acted I'M
der a sense of duty to the people Of
Florida; that he simply made public the
reports that were in circulation without
any malace towards Gov. Jennings, but
with the desire of having the matter
sifted.
FAILURE TO SERVE WITNESSES.
Notwithstanding the earnest effort
made by the different sheriffs and their
deputies to serve certain witnesses,
several of the most important ones
could not be found. | have been told
that in one case the witness was warn
ed by notice in his Office whenever the
sheriff or his deputy came to the build
ing in which he was and that he would
Immediately leave his room and secrete
NHTSkn n 81
counties to which the subpoenas were
sent could not be found. These were
in addition to the witnesses residing
outside of the state whose testimony
was entirely lost to the defense.
NO OTHER ALTERNATIVE.
Under the circumstances no other al
tentative wa left than TO withdraw the
plea Of not guilty, and plead nolo con-
tendere with q prOtestation Of inno.
cence. This done, the judge fixed q
fine which has been paid and this pro-
ceeding in the criminal court is ended. |
AMARTYR To DUTY.
regard my son as simply a martyr |
10 his sense of duty to the people Of |
Florida. Having called attention to |
these reports, he may, IL he pleases,
drop the matter. but now propose to |
take it up.
II has been published that Gov. Jen-
nings has been completely indicated. |
II he is satisfied with a vindicati0n re-
Sulting from a plea of nolo contender
brought about BY his attorneys successe
fully resisting efforts to take testimo-
ny outside Of the state and our inability |
10 serve other witnesses, do not think |
the people Of Florida will be. have
not the slightest malace towards Gov.
Jennings. sincerely hope that the re-
ports current concerning him are not
true, but feel that the gravity Of
.hese reports calls for something more
han the sacrifice Of my son in the man
her and under the circuumstanees un-
ier which he has been sacrificed, and
10 not propose to rest until their truth
" faisity Il aseertained IL the ma