The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1909-05-04

oruSh. Then new letter or number.
indicating the grade of the barrels
contents, was stamped on the barrel,
he said.
Claims He Was Instructed.
Sometimes the instructions to raise
the grades came from Manager
ketcham, he said, and sometimes
from the New York Office OF the
American Naval Stores Company. He
said he never received any instruc-
uons from Mr.. Boardman to raise
grades
The witness swore that the rosin
which was sold and shipped to Proc
tor & Gamble and Babbitt q Co., was
always raised. On cross examination
the defense endeavored to show that
the heads were left off many of the
barrels and that the sun caused the
shade of the rosin to change.
The witness testified that thousands
of barrels were never inspected in the
yards. When they were re- graded,
except occasionally, he said, the bar
relS were not opened. While he was
in charge of the yards-abOut four
teen months-approXima 10000
barrels of roSin were handled. He
admitted that ION rare occasions
higher grades were substituted for
lower grades" to I'LL orders.
Short on Some Grades.
That is, he admitted, that if there
was an order for 200 barrels of grade
H and the supply on hand was short
by few barrels on rare occasions
enough barrels were taken from grade
l to fill the order. other witnesses
who followed Mr.. O'Keefe failed to
corroborate their foreman in this re-
spect. One witness, Richard DeGroot,
who said he was a sort of assistant
foreman in the yards, made such a
face and replied so loudly that ANY
body who did that would be foolish,
that the court reminded him where he
was.
Mr.. DeGroot was followed by John
Clahaner, delivery clerk in the same
yards, and Jerry MahOney. who was
''scTaper." He said it was his duty to
scrape off the old grade marks when
The Regarding was done, Capt. Tun-
no then testified and court took a re-
ceSS.
Every Point is Argued.
The prosecution is making haste
slowly with a great deal of difficulty
Nearly all of the questions PROFOUND
ed to witnesses intended to elicit re-
sponses bearing upon the charges in
often at length, until the pro-
ceeding so far looks very much like
a talking fest.
When court opened, Mr.. G. H
Barnes of Jacksonville, president of
the Barnes - JesUp Company, was
recalled. In the interest of economy
Mr.. Toomer withdrew the last ques-
ton he asked the witness Immediately
before adjournment Wednesday even
ing, and sought to lead UP to the same
point in a different way. The ques-
ton was what proportion of the
American crop OF naval stores was
bought and sold by the American Ma
val Stores Company during the year
beginning April /, 1907? The witness
had testified that the American crop
Of turpentine that year amounted to
100000 barrels. and
that the Tosin was three times that
amount
Mr.. TOOmer asked Mr.. Barnes other |
questions about his experience in and |
with the naval stores in |
1ustry, his purpose being to qualify |
him as an expert in the business and |
hen PROFOUND the same question |
which had excited the objections OF |
The defense.
Contention Of Defense.
The defense contended that the evil
eRce offered by the prosecution |
should be restricted to the facts con-
tanned in the bill Of particulars, that |
lothing should be brought out ante
dating May /; 1907.
The prosecution replied that the !
position of the defense on this point |
vas untenabIe. Mr.. Toomer argued |
hat the prosecution was not limited |
% the bill of particulars, as the court /
required only a small part of the in |
formation asked for by the defense.
Mr.. Toomer said the prosecution /
would contend that evidence back of |
he organization of the American Ma
7ai Stores Company in November,
1906, could be offered, mentioning the |
act that another of the defendants,
he National Transportation and Ter
ninal Company was organized in 1902. |
AS this question came up just. so
'ollaterally, and wasn't SquareIy be- |
ore the court, neither of the points
vas ruled on. Then Mr.. Toomer, be-
ieving that he had qualified his wit
less sufficiently, asked:
What portion of the American crop
If naval stores for the year beginning
April /, 1907, and ending April 1, 1908,
approximately, was bought and sold
~ the American Naval Stores Com
,any?"
Three Hours of Argument.
Gen. Meldrim objected on the
ground that this was not a subject
or expert testimony. He made a
lumber OF other objections, and ar
:ued them Mr.. Toomer was heard.
nd he was followed by Judge Adams.