The Pensacola journal., 1909-10-17

manding and directing him to hold
said defendants IN his custody 20
await their proper transfer as said
court might direct, a copy OF which
| petition and the exhibits attached
thereto. is attached hereto, marked
Exhibit AZ and made part hereof;
that al the time of forwarding sajL
petition said bondsmen sent a copy
thereof, including the exhibits at
! tached thereto, to the Honorable Fred
Cubberly, United States district at
torney, of and for the Northern dis
troct OF Florida, and ct the same Tins
mailed communication to the Honor
able Judge William B. Sheppard, judge
OF said United States circuit court. g
copy of which communication is at
tached hereto, marked Exhibit A-3
and made part hereof and mailec
communication TO the Honorable Free
Cubberly, copy of which is attached
hereto, marked Exhibit A and made
a part hereof; that said petition AnC
matter was received by said court and
said attorney on the 10 day OF Sep
tembeT. 1909; that at the tine OF
making said petition said bondsmen
forwarded the following telegram 10
the Honorable William B. Sheppard:
Montgomery, Ala. Sent. 10. 1903.
Judge William B. Sheppard, Judge L.
s. District and Circuit Courts, Pen
sacO1a, Fla:
We, the bondsmen, have arrested
w. S. Harlan. S. z. Higgins, c. c. Hi
ton, Robert Gallagher and Walter E.
Grace, convicted by your court OF i
conspiracy to commit peonage and
have them here in the ONCE of James
H. Judkins, United States marshal, in
his office in the federal court house IT
Montgomery, Ala, and respectfully
request that the United States circuit
court of and for the Northern dis
trict of Florida order Immediately that
each of the prisoners be held in the
custody Of said marshal and require
its clerk to forthwith transmit said
order duly authenticated to said
United States marshal here.
J. e. HUGHES,
r. II. TRAMNELL.
W. II. BRTTTON,
Bondsmen.
That on the II day OF September
said bOndsmen petitioned the United
States circuit court of the Middle dis
trtct of Alabama to hold each of said
defendants, who were then and there
rendered in open court to said United
States court, in the custody of said
court and the marshal thereof, pend
ing their transfer in due course of law
to the United States prison at Allan
Ia, and at the same time tenderd to
said court all expenses which might
be incurred pending notification AMI
instruction from the United States
court at Pensacola and at the same
time submitted with said petition GER
tilted copy OF the Indictment and the
appeal bond and the mandate of the
circuit court of appeals; that then
and there in open court, said defend
ants at the same time petitIoned said
court to hold said defendants IN the
custody of its marshal pending nOtif1-
cation and instruction from the United
States court at Pensacola and pend
ing their proper transfer to the
United States prison at Atlanta: said
defendants, and each of them, then
and there also stated to said court and
IN open court that they each of them.
were ready, anxious and willing to
submit to the custody Of said court
for the purpose Of being transferred
to the United States prison at At
lanta, a certified copy of which pc
titiOn, together. with the copies of the
Indictment, appeal bond and mandate.
Is attached hereto, marked Exhibit
B, and made a part hereof, and
certified copy of which petition pre-
sented by said defendants to said
SOoA u 40 dASdChSu hereto, marked En-
hibit &C" and made 8 part hereof:
that then and there said United States
court entered its order. in said cause
denied said petition. certified copv OF
which order is attached hereto. mark
ed Exhibit ID" and made part
hereof.
That the said defendants, w. s.
Harlan. G. c. Hilton and S. E Hug
gins filed before the said James II. /
Judkins, said United States mar
shall. and the said United States cir |
cult court. at Montgomery. petit |
tiOns precisely the same verbatim, ex-
cept the change of name Of said de- |
PENDANTS that the petitions so filed bv !
said defendants and for each of said /
defendants are attached hereto and |
marked Exhibits A, and G, and the /
order OF the said United States cir
cult court of the Middle district OF
Alabama, thereupOn entered, is at
tached hereto and marked Exhibit
ID" that the petitions filed by said
0Ondsmen and for each of said bonds
men are precisely the same, all of
which will fully appear bv reference
20 Exhibits A, B, G and D, and Ex-
hibits Al, Az, AS and Al. attached
hereto and made a part hereof.