The Pensacola journal., 1907-05-25

| Cary L. Fulton went to trial YES
/ terday in the criminal court under
! the charge of obtaining by false pre-
lenses the signature of the clerk Of
the county board to a warrant for S35
in favor of Will Kelly. when Kelly
was not entitled to that much for his
| labor as a workman under Fulton in
the repair and renovation of the
court house
The information on which the trial
was based included two counts. the
first involving an identical transac-
ton with reference to the amount col
lected by Fulton in behalf of Charles
Mcdonald, but Judge Beggs sustained
motion to quash the count with ref
erence to the Mcdonald payment, anc
the accused went to trial on the
Kelly count alone.
The Fulton Cases.
The case was called at 10 O'Clock
in the forenoon and lasted throughout
the day, excepting q recess for dinner,
and shortly after 6 O'Clock in the af-
ternOOn was continued until this
morning, with the state still putting
witnesses on the stand.
Besides the two counts on which
Fulton was yesterday called TO the
bar for trial. there are pending
against him informations of PADDING
the pay roll and by false pretenses
procuring the signature of the clerk
of the county board TO a warrant for
S73 for w A. Mistral, w. J. Hall and
John English by representing that
they were due this amount for work
done on the court house. and by OBJ
tanning the signature of the clerk to a
warrant for $471 for work on the
court house done between December
x nHPPm hNr fr,-,r
that d larger number of men were en-
ployed at from $3.50 TO $4.00 a day,
than were employed at less per diem
Motion to Qaush.
When Fulton was called FOR trial.
Mr.. PaScO, of counsel for defense, in
trOduced motion to quash the infOr-
nation, on the ground that il was in
definite in its allegations and incor-
rect in form Mr.. PaScO held that the
counts were not sufficiently specific,
and were negligent as to facts.
Mr. Morgan for the defense also
held that the indictments against Full
ton should be quashed on statuatory
grounds, they being vague, uncertain
and indefinite.
Prosecuting Attorney LOftin in re-
ply argued that the alleged fOrgeries
committed by Cary l. Fulton were
calculated to have been damaging 10
the county. and should be dealt with
according 10 their criminal intent pre-
sumed and to be shown.
Judge Beggs ruled that the first
count, Involving the Mcdonald item)
was insufficient, but sustained the
count as TO the VIII Kelly payment.
and the trial proper was taken up.
Getting a Jury.
Defendant then entered a plea of
not guilty, whereupon the following
jury was called.
c. W. MERIT, f. J. Miller. B. b.
Gonzalez. J. G. Lambert, ]. J. Nc
Guire and w a Purvis
Examination of jurymen followed,
Jurymen Merit and Gonzalez being
challenged for cause by the defense,
and being replaced by w. H. Clark
and T. L. Cant.
w 4. Purvis was excused and
Joseph Riera sworn in his stead.
Clerk Mcmillan.
County Clerk A. NJ. Mcmillan, the
first witness called by the prosecu-
ton, identified the warrant made
out to the amount of s35 purporting to
be for work done on the court house
by VIII Kelly.
A receipt for S35, with Kelly's name
signed, was offered in evidence by
the state and identified by witness as
being given him by Fulton.
After several clashes between the
attorneys for the prosecution and de-
fense. Mr.. Mcmillan was allowed TO
explain that Fulton was to receive
the per cent on the work and material
on the court house. Mr.. Mcmillan
said that the reason that the warrant
was made out in the name of VIII
Kelly, instead of Cary Fulton, was
that the witness had been instructed
not to issue warrants excepting in
the name of the individual.
Court then adjourned until
o'clock.
The afternoon session began with
the cross examination of Mr.. McMil-
Ian. 1t did not affect his direct evil
dence. Considerable time was spent
by the defense in explanation of the
drawing of a warrant.
J. D. Kendall.
PapdaII Guof.n said ha