The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1908-04-24
Says That Deputy Smith is
Not Guilty of Attempt
To Poison.
Solicitor Made a Thorough
Investigation, Examining
All Witnesses Procurable,
and at Conclusion Finds
Deputy Had No Evil In
tentions.

After examining a number of addi-
tional witnesses yesterday morning,
and then paying visit to every drug
store in the city to ascertain if
any poison had been purchased,
County Solicitor Loftin concluded the
investigation into the alleged poison
ing OF three men of the gatling gun
detachment last Monday night. The
men had stated that the candy,
which they thought made them
sll, had been given to them by Dep
uty Sheriff Smith. This the deputy
also stated, telling the solicitor from
whom the candy had been purchased
and the fact that he had eaten most
of 1t before reaching the armory.
The solicitor in a letter to General
Foster states that there is no evil
dence to show that Deputy Smith at
tempted to poison. the men.
Solicitors Letter.
The letter of Solicitor Loftin Is as
follows:
Pensacola, Fla, Apr. %, 1908.
Adjutant General j. Clifford r. Fos-
ter, City.
My Dear Sir: ] beg to state that
] have concluded my Investigation of
the matter referred to in your COM
examined Sergeant H. A Parrish,
Privates Francis Smith and R. A
Burk, DR.. E. L. Phirbrick, assistant
surgeon, Florida state troops, Drs. W.
c. Dewberryr and L. DEM Blocker, s.
NJ. Phillips, H. P. Newman, c. r.
Barter, J. c.. VanPelt and Deputy
Sheriff W. H. Smith.
From the evidence before me it ap-
pears that Deputy Sheriff Smith at
about the hour of 9 o'clock D. m, on
Monday, bought five cents worth of
tafiy candy, made into kisses" and
wrapped/ in oiled paper, from S. M.
Philips. candy maker. located on
Palafox street, which he was in the
habit OF doing almost daily. From
there he walked north on Palafox
street, eating part of the candy on
the way. and upon reaching the court
mouse annex, went into the county
judges office, where several members
OF the provisional company on duty
IN Pensacola were standing or sitting
and openly, without any apparent de-
sire to conceal his action. handed the
Dag containing the remainder of the
candy (six pieces) to Private Smith
VINO gave two pieces to Private
Burk and two to Sergeant Parrish.
and the three men afterward ate the
NeAauy, VI part VI H. IneSo men and
Deputy Sheriff Smith were unknown
TO each other. and so far as the evil
dence discloses. there was no motive
Tor Deputy Sheriff Smith desiring TO
DO these men any injury.
Man Taken Ill.
About $50 D. m. Sergeant Parrish
became nauseated and quite sick. and
later Privates Burk and Smith also
SUFFERED in like manner, but NOT
TO any great extent. DR. Philbrick
attended the men, administering an
emetic of mustard and hot coffee, and
py the time Drs. Dewberrv and
Blocker arrived the men had about
recovered. From the TESTIMONY of
the physicians, and the Law rs laid
down by the supreme court in the
Ease of Joe VS.. State, Fla. 591 II
appears that chemical tests and
analysis of the contents of the stom-
ech are essential to the true ascer-
sainment of whether poison ba,. or
mas not been administered, and thar
symptoms OF themselves, without
otner circumstances, are unreIiable
1nere was no examination of tbe
CANDY eaten by the men, or of the
vomit, and We have nothing to go ON
out SymDtomS