The Pensacola journal., 1909-10-17

Continued from First Fage-1
said circuit court of appeals was is
sued under the seal of said court
on the 81 day of August. A. D. 1909.
and was fled in the said United States
circuit court at Pensacola, on the 2S
day OF August, A D. 1909; that imme-
diately subsequent to said date SAID
defendants and said bOndsmen,
through their counsel, on the 80 day
of August, A D. 1909, made an ar
rangement with Thomas +. McGourtn,
marshal Of said circuit court, to have
the defendants assemble in the city
Of Montgomery, state of Ala oama;
that on said date, to-wit, the 80 day or
August, 1909. said Thomas 4. Nc
Gourin agreed without hesitation and
without giving any intimatiOn that
there was the slightest objection
thereto, that said defandants might
be assembled in the city of Montgom-
cry. state OF Alabama, for the pur-
pose of delivering them TO tne said
Thomas F. McGourin for transfer to
the United States penitentiary at AT
lanta; that at said time 1t was agre ed
BY the said Thomas F. McGourin that
as soon as said defendants were as
sembled at said place. counsel for
defendants should telephone him and
that he would Immediately go to
Montgomery for the purpose of taking
said defendants into his custody, as
United States marshal, to transfer
them TO tbs said United States prison;
that said agreement with said marshal
was made in absolute good faith on
the part of said defendants and said
bondsmeD with no purpose or intent
TO hinder or delay the administration
Of Justice. and said defendants IN
good faith promised said marshal to
assemble in the city of Montgomery
as quickly as possible, and said de-
fendants in execution of said agree
ment with said marshal, assembled in
the city of Montgomery, on the even
ing of the day Of September, A. D.
1909 and Immediately thereafter tele-
phoned and te1egraphed the said
Thomas T. McGourin, United States
marshal. that said defendants each
and all we're there. ready. anxious and
willing for him to come to Montgom
cry 10 take them into his custody fo~
1he purpose of transferring them in
due course of law to the United
States prison at Atlanta, yet the said
Thomas F. McGourin declined so to
do and gave as his sole reasons
therefor; that the department had or
.dered him to accept the defendants
only in the city OF Pensacola, Florida,
bond of said defendants required that
they be surrendered at said place;
that the city of Montgomery is in the
Fifth judicial circuit of the United
States and is on the usual regular and
most direct route from 4he city of Pen
,sacola to the United States prison IN
Atlanta. and that heretofore all per-
isons sentenced by the United States
court at Pensacola to serve in the
United States prison at Atlanta have
been carried through said city of
Montgomery 10 the said United States
prison at Atlanta; that the refusal
of said marshal to come and accept
the custody of said defendants was a
great surprise to said defendants and
tneir bondsmen, being, as 1t was, IN
direct conflict with the agreement,
0TeSai1, o. said marshal, and being
il VAS, without any foundation in
a ard oppressive upon and in YiO-
on of the rights of said defend
IS and said bondsmen; that at the
tie of making the agreement with
said United States marshal to assem-
bic said defendants in the said city IF
Montgomery, said marshal was then
and there advised that that thev would
assemble either in the city of Mont
gomery or the city of Atlanta, but it
was agreed to have them assembled
in the city of Montgomery; that at
the time of making said agreement
said marshal was advised of the in
tentioD of said defendants to submit
TO his custody without hesitation and